Legal Question in Employment Law in California
Time Sheet Reporting
A Contractor/Employee agreed to work 4 hours per day. But, He occasionally stayed w/o my permission (employer) 2 more hours. When I paid him his work based on 4 hours, he was silent until he was terminated a year later.
I can not find his time sheet for hours he claimed. Nor does he has a copy.
Do I have to pay or not his extra hours that he earned a year ago.?
3 Answers from Attorneys
Re: Time Sheet Reporting
Depends on whether or not he/she was working as an independent contractor or as an employee. If he/she was an employee, an employer is required to pay for all hours worked by the employee.
Re: Time Sheet Reporting
Not unless he can prove the hours worked, and prove entitlement to pay under his agreement - seems not. You have those defenses if he brings action through the Labor Commissioner or court filing. If he does that, contact me to discuss your defenses and costs.
Re: Time Sheet Reporting
The Labor Board looks primarily to the employer to prove their defense. If the employee comes up with a list of his best recollection of hours worked and he is an employee and not an independent contractor, you may need some papers. Call to discuss.
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