Can I sue my employer for taking money from my paycheck?

I work as a driver and my employer always cut hours from my check. For example I worked for 56.32 hours I will see my pay check has 46 hours only and I will get paid for the 46 hours only. I have talked to him multiple times but he never give me my money in fact someone left yesterday because he didn’t pay him 10 hours in overtime. I get paid mostly by tips and I get small hourly wage of $4 an hour. I have physical prove of the hours I worked and copy of the checks and it’s show clearly that he took money from me. it has been happening for over a year. I am making good money with him but does it worth it to sue him? and how much I will get if I did?

Asked on September 15, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue him for not paying you for all hours worked: employers must pay hourly employees for all the time they worked. You can get from him the time/money he took from you: e.g., if in a week you worked 56.32 hours but were only paid for 46, you could sue him for 10.32 hours of pay; moreover, since hours past 40 are overtime for hourly employees, you could, for that week, sue him for 10.32 hours of overtime. Total up the number of hours he has not paid you and then multiply, as appropriate, by your reguarly hourly or overtime wage: that is how much you can sue for.

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