Texas Labor Laws....

[asphaltjunkie]

Does anyone on here have a firm knowledge of the Texas labor laws?
Long story short, my wife works at a daycare, and they're always making her watch kids, change diapers, etc before she clocks in. Plus, they make all the employees set up "centers" every week, but will not let them do this while on the clock.

I told her that if she is in the building working, regardless of what it is she is doing, she needs to, by law, be getting paid for it.

Is this a correct assumption on my part? Anyone who knows anything about this, please chime in.
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[KCHAR]

Document everything. They are required to pay her for all duties performed for work purposes. My buddy just settled a suit with his employer for 25,000 for this exact reason.

[grove rat]

fuck the labor laws, i don't work for free


doing a diaper change or maybe cleaning something small is no biggie. fuck a bunch of actual work while not on the clock

[Jyard]

I definitely don't have a firm knowledge of the labor laws, but I don't think that any word should be done off the clock. That just isn't right, in my opinion. Hopefully someone can come in here and confirm.

[asphaltjunkie]

Document everything. They are required to pay her for all duties performed for work purposes. My buddy just settled a suit with his employer for 25,000 for this exact reason.

Did he hire a lawyer, or did he go through the workforce commission?

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[ceyko]

Documentation, don't even go down the path until she starts have about a month's worth for the lawyer to review.

[FreightTrain]

Im union so I just show up 15 minutes late everyday to prevent this from happening. It works for me maybe your wife should try it.









































JK I bet Frost's blood pressure just went up lol.

[talisman]

They can't "make" her do any work off the clock. It's illegal. That being said, be prepared for her to be fired once she tells them to fuck off.

[Chas_svo]

I'm 99.9% sure you are correct, and should chase this. Read up on Walmart making it's employees work off the clock, in this same manner and the suit involved. And Eric is correct, in that the first step she will likely be fired, so make sure she is ready for that.

[asphaltjunkie]

They can't "make" her do any work off the clock. It's illegal. That being said, be prepared for her to be fired once she tells them to fuck off.

She has been with this daycare for 2 years, but next semester she starts student teaching, so she won't be working there while she's doing that. I suppose she could document everything from now til then, then go after them right before she leaves...but that might be useless since she's leaving after the summer.

I'm 99.9% sure you are correct, and should chase this. Read up on Walmart making it's employees work off the clock, in this same manner and the suit involved. And Eric is correct, in that the first step she will likely be fired, so make sure she is ready for that.

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[asphaltjunkie]

Im union so I just show up 15 minutes late everyday to prevent this from happening. It works for me maybe your wife should try it.

















































JK I bet Frost's blood pressure just went up lol.

In before the obligatory $$$$$CHOOOCHOOO!!!$$$$$$














Oh, wait... ^^^ there it is!! lol



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[uwishuknew]

I also work at a daycare. It is against labor laws to work and not get paid, it is also against state licensing for an employee to be responsible for a child when off the clock. She could call licensing and report them for that. She can report it annonomously and no one will at the daycare will know it was her. Whether they come out or not is a different story, but I would report it every time it happens.

ETA: she won't get any money from it, but it will get under the director's and owner's skins and if anything will make them straighten up for a little while

[talisman]

After she leaves file a case in small claims for lost wages. I yell at people if they try working off the clock. Hell, I'M not going to work for free, and the reason we all go to work is to get paid, so I wouldn't expect any one else to either.

[yellowstang]

I work in the same building as Texas Dept. of Labor Wages and Hourly, or some name like that. I can get you contact info for them.

Years ago, I worked for a company that tried to make us sign a contract saying we would work 45 hours a week with no salary increase. Someone called the State, they came in and did an audit, and the company had to back pay EVERY employee 6 months of overtime.

[Kyle]

How about a little loyalty to your employer. For years I used to do stuff off the clock when I ran a lube center. I'd come in early and stay late. I understood how important it was to my boss and when he could, he would throw a bonus in or let me take a long lunch etc. Although my rewards were few and far between, I knew he really appreciated it.

While working for the mortgage company, I was salary so they didn't care how many hours I worked. I was a damn slave to that place, but something inside me would never let me leave unless every last bit of my work was complete. I would strive to do my job to the best of my ability and some weeks I would put in 60+ hours for the same amount of pay! Screwed up part about that job was that I loved the job, but hated management!

Now that I own my own business, it is a huge help to me when my guys help with things that they don't necessarily get paid for. I don't make them do it and don't threaten to fire them if they don't want to help out, but when they do I hope they can see how much I appreciate what they've done. I go out of my way to help my employees when they need.

I guess I'm cut from an old piece of cloth though. A strong work ethic was pounded into from a young age. I remember watching my Dad work 80+ hours a week when I was a kid and I never remember him complaining. He was working hard to provide for his family and that's all he cared about. He was a commission paid route salesman. He fought for every last sale he could get and some weeks barely scratched out enough to provide for us. Then when I was old enough to work, I was helping my Granddad on Saturdays and Sundays while he was building fence panels. I never got paid for that, but the thought was that he was teaching me how to put in a day of hard work. Having these two men taught me a hard lesson! I know how to work hard, put in long hours for low pay, and smile the next morning when I get to work to do it all again.

Now to come full circle for the OP. If you don't like the job your wife is doing, then have her find another. No one said she has to work for free! Hell, she doesn't have to work at all if she doesn't want. Instead of stirring up shit for the employer just have her find another place of employment. She can stay with this job just long enough until she can find a replacement. Remember, it's a privilege to work and to have a job, not a right. Half of what's wrong with this country is people that are looking for ways to screw the system instead of just putting in a little extra effort to do their job.