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W2 Contractor - can employer hold my pay?

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  • W2 Contractor - can employer hold my pay?

    I am a W-2 contractor in GA. My employer has been holding my pay until the time is approved by the client. I submit my hours on a weekly basis and get paid on the 15th and last day of the month. The hours that I am owed for were worked on the first week in July. They have had the July 15th, July 29th, and August 15th pay periods to pay me.

    Is it legal for them to hold my pay until it is approved? Is it legal for them to hold my pay for any reason? In this particular situation they seemed to be worried whether the client is going to pay them, but that doesn't seem to be my problem since I'm W-2.

    I am also curious about what types of documentation are required to justify hours. I don't work in an environment where a supervisor is monitoring me. All I have been required to do in the past is fill in a timesheet at the end of the week. If I have to file a complaint, what information do I need to prove that I am owed for the hours?

    Thanks,
    Brian

  • #2
    Unfortunately, Georgia laws are very weak when it comes to when an employee has to be paid. However, in most cases, they would consider anything after your regularly scheduled payday to be late. You can contact the state Dept. of Labor to see if they will assist.

    Doesn't the client have to sign the time sheet before you submit it? I'd track down or Fax the T/S to the appropriate signer and get it back before you leave at the end of the week. The agency should not be holding your pay. You worked, you get paid. Period.

    Good luck.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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