Can an employer not pay me due to being behind in paperwork?

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Can an employer not pay me due to being behind in paperwork?

I’m a homecare nurse and haven’t gotten paid in 3 weeks due to being behind on paperwork. However, most of the week I’m still out doing start of cares, wound care, etc. but not getting paid for it.

Asked on November 14, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on what paperwork. If you are hourly (i.e. paid on the hours you work) and have not done your timesheets, they can hold off on paying you because they *have* to hold off--you haven't provided them the information they need to determine how much to pay you or process your payment. 
But they can't withhold payment due to hours unrelated to calculating or verifying your pay. If they are withholding pay for such unrelated paperwork, you can contact the department of labor to file a complaint and/or sue them (e.g. in small  claims court) for the money they owe you.


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