Legal Question in Employment Law in Georgia
In Georgia, as a salaried employee that works at home and in office 1-2 days a week. I typically complete a work log, but forgot to submit the log. Work was done, but just forgot log. Employer is withholding my pay for the past three weeks. Is this a violation of FLSA?
1 Answer from Attorneys
Under the FLSA, if you perform the work the employer must pay. If it refuses to pay you it violates the FLSA and subjects itself to double damages plus your attorneys' fees. The employer has the legal duty to maintain the records of your time worked, and it cannot delegate this function to the employee. It can require that you keep a log. While it cannot refuse to pay you for failing to keep and turn in an accurate log, it may discipline you for failing to do so -- even terminating you for the failure. However, it must pay you for the hours that you worked.
Michael Caldwell
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