FEATURE ARTICLES WORKPLACE DIARIES FREE ADVICE
STRESS-O-METER SPEAK UP ACTION GUIDE
TITLE PUNCHING OUT  page 1 of 3
SUBHEAD Weekly Answers to
Office Quandries
AUTHOR Professor
Peter Rachleff

Punching Out

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QuestionA friend of mine works for a small, private home health agency. Recently, it was ruled that Medicare could make a rate cut retroactive, and as a result, the company told her they would be unable to pay her salary for the past pay period. They also said that she would probably never get her pay back, even if the company survived the crisis.

Does my friend have any recourse? Is she entitled to that salary somehow, if the company does not declare bankruptcy?

    Ben
    Texas

AnswerWe keep getting more stories like yours about workers being pressed to work -- literally -- for free. Some are pressured to come in and get work ready before punching in; some have to stick around for bits of overtime work without compensation; and others are expected to "pitch in" and "help out." We need to remember that slavery ended 134 years ago. Period. There are laws -- federal and state -- that protect workers like your friend.

Her employer MUST pay her for the work she performed, whether Medicare made a retroactive rate cut or not. If her employer declares bankruptcy, she is first in line when the company's resources are liquidated. Tell your friend to contact her local office of the Texas State Department of Labor. I am confident that they have such offices in Texas, Phil Gramm and Dick Armey notwithstanding.

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