8 hours?

[COPhoto]

What is the name of your state? CO
I am contracted to work an 8 hour day and get paid 8 hours based on an hourly figure. ie: $5 an hour for 8 hours=40$ per day. I am required to attend a morning meeting and expected to arrive 30 minutes before my first client. Most days I work 9-10 hours although there have been occasions where I am there for 71/2 -8 hours.
My question is since I get paid for 8 hours on a regular basis, should I be docked for times that I go home early one or two hours due to illness or a cancellation? (This rarely happens, 2or3 times a year)

 

[cbg]

What does your contract say will happen on those occasions?

 

[pattytx]

Just to clarify, you said you are "contracted". Does that mean you are an independent contractor and not an employee of the company?

 

[COPhoto]

I appologize, I said that I was contracted, but there is no contract that specifies this agreement. I was hired as an employee about 11 years ago when I was fresh out of college and not bright enough to get EVERYTHING in writing. The standard method of payment for a dental hygienist is usually by the day and at the time I agreed to a daily wage. This had never been a problem in the past until my employers started pinching pennies. In the past I was always paid for a full day if I worked 7 or 10 hours, recently I have been docked for working fewer than 8 hours and paid the daily wage if I work more. can an employer change method of payment without you consent or knowledge of the change?

 

[cbg]

There is more than one answer to your question.

Yes, an employer can change the pay method without your consent. Period. Your employer determines the pay method, not you.

Can they do it without your knowledge? That depends. I take it you would not complain if they RAISED your pay without telling you first? I don't blame you; I wouldn't either. Lowering it is a different matter. Federal law, surprisingly, doesn't much care as long as you are paid minimum wage or more. However, to the best of my knowledge, every state except Florida requires them to give you advance notice before you work any hours at the lower rate. I only know of three states, and Colorado is not one of them, where there is a specific time limit; they don't have to give you 30 days notice or anything of the kind. They can have a notice above the time clock that says, Effective today, your new rate of pay will be $x.xx per hour. But they do have to tell you in advance.

A CONTRACTOR can be paid on a daily basis. An EMPLOYEE must be paid no less than minimum wage for each and every hour that you work. So while I suppose the DOL wouldn't complain about your receiving a daily rate as long as it met or exceeded hours worked x minimum wage, it CANNOT fall below that.

 

[pattytx]

Oh, and BTW, Federal (and Colorado) minimum wage is $5.15 an hour. If you are an employee (not an independent contractor), you must be paid at least that. Paying $5.00 per hour is in violation of Federal and Colorado Wage and Hour regulations.