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Missing Hours on Paycheck - Arizona

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  • Missing Hours on Paycheck - Arizona

    My employer is shaving time off of my hours worked by "miscalculating" the hours worked vs. hours paid. He doesn't provide any digital form of time tracking and has all employees fill out a notebook with the hours worked each day. We are expected to write down the time we arrive and the time we leave in this note book each day we work. I am currently only working part time during my "training" period but will soon be moved up to full time and need to know what to do about this before that happens to ensure that the issue does not escalate.

    I had not been verifying my time but after I noticed a large mistake in my paycheck, I went back to my time sheet to verify his math and found several mistakes in his calculation of my time. For example, on one day I worked from 11a - 4p yet his calculation of my time says that I only worked 3 hours that day. In total, he has cheated me out of 3.5 hours over the course of a three week period.

    Since I need this job very badly and cannot consider quitting, what are my options in forcing my employer to not make these kinds of mistakes and to make up for the money he has technically "stolen" from me?

    p.s. - Some additional information: This employer has proudly announced more than once that he has put a previous employee in jail for stealing from him and that he wouldn't hesitate to call the cops and put another employee in jail if any more theft is uncovered.

    In addition, on an unrelated note... I informed this employer that I suffer from a seizure disorder. Even though I informed him that my disorder only causes me to have seizures at night when I am sleeping due to some form of sleep apnea, his response was to demand that I bring in a note from my doctor stating that I was healthy enough to work by myself so he could limit his liability in case I had a seizure at work and hurt myself. In the 8 years that I've been suffering from this disorder I have NEVER had an employer make such a demand on me and now I am wondering about the legality of such a request due to the pencil ****ing I am receiving on my paycheck.

  • #2
    The two questions are unrelated.

    You have the right to file a wage claim with the state for the unpaid wages.

    He has the right to ask for medical verification of your voluntary admission.

    Neither right is voided by the other.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thank you for your answer.

      And yes... I know the two questions are unrelated, hence the reason that I stated "on an unrelated note". I only mentioned the issue because one made me wonder about the other.

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      • #4
        I am wondering about the legality of such a request due to the pencil ****ing I am receiving on my paycheck.

        I don't know how the above could be interpreted any way except that his violating wage and hour laws somehow voided his right to medical verification of your ability to safely perform your duties. But, no matter.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Before you go running to the DOL, why not point out the mistake on your check to whomever does payroll for your company? Could just be an honest mistake. It happens. Especially if time is being added manually, mistakes are inevitable. Honestly, a mistake over 3 hours isn't going to get prompt attention from the DOL anyway. There is no requirement that your employer have a digital time clock or use any special method to track time.

          It is not only totally legal to prosecute those who steal from the company but makes sound business sense. Why write off a theft because it was an employee who stole? Stealing is stealing and it is illegal. The consequences are of course up to a judge, not the employer.

          It is also totally legal to request the note and any good employer would do so to make sure you are safe. Your employer isn't a doctor or at least your doctor, so how else would they really know what you can safely do without asking? What did you expect would happen when you told your employer you sometimes have seizures? That your employer would just pat you on the head, say, "that's nice", and pretend nothing happened? I'm shocked that in 8 years no one else has bothered to ask for documentation.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment

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