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Pennsylvania - paycheck dispute concerning hours worked

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  • Pennsylvania - paycheck dispute concerning hours worked

    Hi,
    I received a paycheck a few weeks ago which I believe was incorrect. I didn't work a set schedule, and I didn't save all my work-clock printouts, so It's hard for me to be 100% sure of my exact hours, but I am fairly certain that some time I worked is not being compensated for. It was the first check I received, and contained payment for my first full work period. I had worked 2 shifts on a previous pay period - (since I hadn't handed in my W-2 forms until after that pay period had ended, I was to receive payment on the subsequent paycheck). However, I don't think that the paycheck covered at least one of those shifts, which most likely accounts for the lapse in the paycheck. By the way, on every shift I did clock in and out - even on those first two shifts - so I should have been on the time card.

    The day after receiving my first paycheck, I alerted the managed to the issue, and she said she'd mention it to the owner (who processes the payments). After several weeks of no response, I asked the manager again, who said that I should contact the owner directly, and when I did, the owner told me that he processed everything correctly. I asked him for a print out of my hours worked for the time in dispute, and he told me that he no longer saved those time sheets and that I should have saved the work-clock print-outs (although I got the feeling he was just lying and just didn't want to deal with the issue). Is there anything I can do?

    Thanks,
    alex

  • #2
    You mean W-4, not W-2.

    That is not an obstacle to paying folks on time. It just means that you get paid with the tax withholdings at Single with Zero exemptions.

    Your first paycheck should not have been held up as a result of the company not having a W-4 on file (I won't ask why you did not fill one out on Day One).

    The employer is required to keep accurate records of time worked. Tossing them after the pay period is over is a big no-no.

    Either the employer is out of compliance with state and federal laws OR is lying to you.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Thanks for the info. I sent an email to the owner/ person in charge of payroll a few days ago, clarifying my dispute and asking to see the time card records, and have not yet received a reply. I have a feeling that the email will just be ignored. What options do I have of pursuing this?

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      • #4
        Originally posted by alexismyname View Post
        What options do I have of pursuing this?
        You can file a claim with the State Department of Labor and Industry or the Federal Department of Labor.

        I have no idea how fast either one would react.

        If the employer is really not keeping accurate records of time worked, THAT could interest them, since it will apply to a lot of folks and the employer would be in a lot more trouble than simply losing information about your (and only your) time worked during your first week of employment.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Be advised that if you contact DOL, you should also be looking for another job as, its going to get pretty ugly for your employer (rightfully so).

          You will have protection under the whistleblower act but trying to prove/litigate that is more time then im sure your willing to commit to.
          This will pass. Life's got bigger disapointments waiting for you.

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