Can an employer not pay an employee for working from home during maternity leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer not pay an employee for working from home during maternity leave?
I work at a magazine company in Louisiana and design several publications
a month. During maternity leave I plan to continue my work from home,
but my employer does not want to pay me for my work, even though I will
be producing the same amount as if I were at the office… basically
producing value for them for free. Is this legal?
Asked on March 29, 2016 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, it's not legal. While there's a certain de minimis or trivial amount of work that employees can be expected to do while on leave without being paid (checking emails, answering the occasional quick question, etc.), if you do any appreciable amount of work, you should be paid for it--quite simply, under the labor laws and also under basic common law (e.g. contractual principals; or "unjust enrichment"), when an employee works, she must be paid. You could potentially file a wage and hour complaint if you have to keep working from home without being paid; if it comes to that, try speaking with your state department of labor and/or consulting with an employment law attorney about a lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.