Cananemployer witholdan employee’spaycheck for days actually workeddue to absences on other days?

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Cananemployer witholdan employee’spaycheck for days actually workeddue to absences on other days?

My son worked 2 days on a farm. He was told that since he didn’t work for 4 of the days, that he wasn’t going to get paid for the 2 days that he did work. There was no written contract or verbal agreement to this arrangement prior to starting work. I’m believe that these wages can be pursued and awarded.

Asked on July 15, 2011 under Employment Labor Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Employees need to be paid for all hours worked--period. So if you son worked for two days, he should be paid for two days--obviously, he does not need to be paid for the days he did not work, but that's a different story.

If he had been advanced money for the full 6 days, then he would need to get additional pay for the 2 days he worked, so long as the amoun of money he'd been advanced covered two days of wages--that's because in that case, he was paid the money he was due for working. (And in this case, they could possibly bring a legal action to recover the overpayment--money advanced for days not actually worked).

However, again, the basic rule is, an employee needs to be paid for all hours worked. So your son could contact the dept. of labor or bring a lawsuit himself (probably in small claims court, so he wouldn't have to hire an attorney).


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