Can a employer refuse to pay for hours worked
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Can a employer refuse to pay for hours worked
Hello my name is New Link Destination
nya and I have an employer that I worked for as a Personal
care assistant. He lost his ability to bill for services rendered for one of his
clients, now he is refusing to pay the employees. What can we do?
Asked on December 29, 2016 under Employment Labor Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employee must be paid for all hours worked - that's the law. this is true regardless of whether or not a client has paid the employer. ine thing has nothing to do with the other. At this point, you could sue the employer in small claims court for all monries owed and/or you can file a wage claim with your state's department of labor.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, this is illegal. When an employee does work, he or she must be paid for it--even if the employer is not paid by his or her customers. The employer's problems with billing in no way affects the obligation to pay employees. Since the employer has not paid you, you could sue him or her for the money, such as in small claims court--you would sue for breach of contract, or violation of the agreement (even if only an oral, or unwritten one) pursuant to which you worked in exchange for pay. Since you did your part--worked--the employer must honor his obligations, and pay you.
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