QUESTION

In Ga., I am a contracted employee and work 8 hrs with no lunch break by choice. Can the company sick my pay for 1 hr per day for a break?

Asked on Sep 30th, 2018 on Labor and Employment - Georgia
More details to this question:
In Ga., I am a contracted employee and work 8 hrs with no lunch break by choice. Can the company sick my pay for 1 hr per day for a break? Also I "clock in" by taking a picture of my hand in front of a company computer and sometimes forget to clock in or out. They are also docking me 1 hrs pay when I forget to clock in/out. Is this legal?
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
I would need to know a lot more about your status as a "contracted employee." If you are an employee, you may be covered under the Fair Labor Standards Act. The FLSA requires that you be paid for all the time you work plus 1.5 times your hourly rate for all time that you work in excess of 40 hours in a pay period. Many employers attempt to circumvent this law by calling the employee an "independent contractor." There are many technicalities about this law and its coverage, and I would need to know much more about your job and your employer to advise you more coherently. These are types of cases that our firm does frequently. When we succeed (which is most of the time) the employer has to pay our fees, not our clients. True independent contractors are not covered by thw FLSA and must depend on their contracts. If you are a genuine indpendent contractor and if your contract does not permit the employer to deduct an hour from your pay for lunch, then you would have a simple contract claim. If you would like to discuss this you may call me at (404)979-3154 Michael A. Caldwell
Answered on Oct 01st, 2018 at 11:59 AM

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