Work without pay

[GatheringGroup]

I live and work in NC. I am a salaried employee. My boss did not pay me for a day's work I did at home because I did not call him directly to let him know of my decision to do so - he was informed by my partner as early as 8:30am. I often work at home. He did not call me to request I come in to the office. He said it was an "unexcused absence" and therefore considered an unpaid day. I can prove I worked through email and other methods. Can he do this?

Thanks -

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Touchy subject. This is my take on it:

1. If you have worked from home before, and he knows you have, then this time shouldn't matter.

2. If you always let him know in advance you would be working from home and this time you didn't, than perhaps he feels wronged.

3. Whichever way, it still doesn't excuse him from not paying you. If you can prove such work through emails, etc, than you should be paid. At the worst you have just received a warning of notifying him beforehand or working an a agreement that would work between the two of you.

4. Look through the FLSA (do a yahoo search for it). It is the Fair Labor Standards Act. It may help you.