Is it legal to charge a client for 10 hours work when you only get paid for 8 but your company bills on time your on site

I am salaried and cannot charge my company more than 40 hrs a week but I’m on a project that works 60 hours a week. I was told I have to bill for the 60 but I think it’s fraus

Asked on April 6, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There are two different issues here:
1) Does employee pay have to be related to what the company charges the client? No. The employer can charge at a much higher rate than is remitted to the employee,  charged at a fixed rate regardless of what work is done (as long as that was the agreement), or charge an administrative overhead or profit margin over employee billing, for example.
2) BUT the above is all "aboveboard": it's pursuant to the agreement between company and client. What the company cannot do--and so what employees should not knowingly help them do--is lie about the hours worked or work done. Intentional lies or misrepresentations can make employer and possibly (for knowingly helping) employee liable for fraud.


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