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Unpaid Wages for Missing Timesheet New York

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  • Unpaid Wages for Missing Timesheet New York

    Hi,

    This might be a uncommon scenario. We have an electronic timesheet system where I intern part time. Right before the fiscal year ended, the interns were notified to fill out two timesheets, one for the pay period and one just for the last day of the fiscal year. I learned the week after that I was only paid for the time sheet of the full pay period and the system is unable to display anything for only that particular last day for some reason. It's possible I didn't submit them correctly together, i honestly remember doing it correctly.

    My off site intern coordinator says the only option available for me is to take a paid day off, which means I'm out a day's pay, but work less hours a week in the future for the same pay. She says this is due to the way their budget works and there is nothing else they can do.

    When I asked for time to think through my options, she became aggressive and now is insisting on seeing proof (tape) from my job site that I was actually there that day . I was told by my on site manager would be a a long process of paperwork. This confuses me, since she already has proof that I submitted one time sheet that same day(the last day of the fiscal year). She's also apparently leaving the company in a week for whatever that's worth.

    Is it legal not to be able to pay an employee missing wages due a budget issue?

  • #2
    Originally posted by altros1
    Is it legal not to be able to pay an employee missing wages due a budget issue?
    If you are a non-exempt employee, you must be paid at least min. wage for all hours/time worked + overtime when applicable.

    If necessary, you can file a wage claim with your state DOL.

    https://labor.ny.gov/formsdocs/wp/LS223.PDF
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    Comment


    • #3
      I agree with Betty 3.

      let's assume you are non exempt....there might be some quirks as to some interns not holding employee status or some might be exempt..in which case there is a duty to pay you no matter how long or short a time you worked that day

      In general the employer has a duty to get it right and to keep reliable records of times

      My guess is somebody is downright lazy or covering up sloppy work.....

      In NY the employer has a duty to properly pay its staff ON TIME ....I've been there in old days when we put a driver on road with paychecks for NY when the system went down .....NY is a bit of a stickler about proper pay on time.

      NY recently increased the employer penalty if the employer deliberately bungled it..100% of the missing pay plus attorney fees.

      I suggest you,double check your facts as to your status and pay records ..and if there is a clear problem you ring a few bells further up on the food chain ...w written follow up ..and if no results or sound explanation file,with NY DOL for the missing wages.

      If the intern coordinator is not an employer staffer but a University employee or some 3d party..be sure to ring some bells at the employer end as well.

      Comment


      • #4
        note near top of NY DOl form is a bold type reminder that you must first have asked for the missing wage ...I'd be polite about it, but have it in writing to at least two different people in your chain of command

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        • #5
          Thank you for the replies and info!


          I When I noticed this discrepancy initially, I asked if the check would be sent separately, because I did not see it as part of the paystub. Is that the same as asking for the missing wages? Either way, I will be more specific in my next email.

          I went ahead and contacted the Dept. of Labor through email. When I spoke with the coordinator, I politely told her I'm mulling over my options and am waiting to hear back from the Dept of Labor. She flipped out, told one on site manager, "I was threatening her". An in person conversation and a phone call followed. I'm guessing I should try to restrict communication to email.

          It's a days pay which won't break me, but still hurts to lose it. I'm debating whether I should just cut my losses and take the day off to look over another job (I'm not all that happy here).

          Comment

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