My boss requires me to answer my emails and phone calls at all times, even if it is after hours, but I do not get paid for time I spend doing so. How can I change this?

As a Houston paralegal, you are entitled to be paid for the time you spend working from home, especially if your boss requires to perform the work.

However, it can be challenging trying to convince your employer of this fact, particularly if you are scared that raising the question will cause you to lose your job. While your boss cannot legally fire you for insisting you be paid the overtime you are entitled to, it can still be hard to bring up the subject.

The best thing you can do is be honest, up-front, and arm yourself with information. Find out your rights under the Fair Labor Standards Act, let your boss know that you are aware of them, and what you are entitled to. If you present your case in a clear manner with evidence that you have been working after hours, your employer will have to comply.

Here is a list of what you can include in your “case”:

  • Copies of time-stamped emails you have received and sent
  • Records of your phone calls, including the time and dates that they were made
  • Tallies of any trips that you were required to make outside of normal business hours 
  • Lists of all of the times that you met with clients outside of the office

If you are still unsure on how to proceed with your overtime claim, talk to us. The lawyers at Kennedy Hodges, LLP are practiced in Houston overtime claims, and we have even written a book on the subject. You can order your free copy by calling us at 888.449.2068, and we will even provide you with a complete (and free!) case evaluation.

Galvin B. Kennedy
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Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.