Pay question for working from home job

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Pay question for working from home job

I work for a company from home. My manager require me to be available from 8 am till 5:30 pm and stay online on messenger so I can be reached anytime they need me. However, when it comes to payment. They only pay me for hours that I actually worked so my time sheet is itemized. and I need to add on my time sheet that I spent 2 hours on this report. and 1.5 hours on another. So my question is. Is it fair? I feel that I should be paid for my 8 hour shift cause I reserve my time to them. and I cant use this time to do anything else. Please help!!

Asked on May 13, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Okay, when you mean employer, what do you mean? Are you a W-2 employee? Are you 1099 (independent contractor)?

How many hours a week are you slated to be available? What type of job requires you to be strictly online at this time? Can you use the restroom? Does something make noise when the messenger comes on?

Lots of unanswered questions.  Remember, in California, unless you are union or under contract for a specific amount of time, your employment is at-will.  Your employer can terminate your employment at any time for no cause.

Now in terms of whether the way you get paid is fair, I am not sure.  It may be, but you need to meet with someone in person, show all your documents, walk someone through what you do, all your tax documents from this company or for this company, to truly get a complete response.

Try the following:

1. California Dept of Industrial Relations

2. Equal Employment Opportunity Commission

3. www.attorneypages.com and then double check his or her disciplinary record at www.calbar.ca.gov under attorney search.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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