Can my employer change my pay codes for time that I’ve already worked?

I work commission based and clock in under the pay code

Asked on May 5, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is illegal for them to make this change if the facts don't support it: i.e. if you did work all those hours as sales, they have to pay you for sales hours and may not change the codes you put in. Doing so would be a violation of the labor laws (which require, among other things, accurate time records) and also breach of contract (the agreement, even if only an oral or unwritten one), pursuant to which you worked. You could contact the department of labor to file a complaint, and/or look to sue for the money, such as in small claims court. (Of course, suing your employer is a drastic step, so if the amount is not large, it may not be worthwhile.)
However, if you had misstated or misdescribed the hours, then they could correct them to reflect how you were actually working--an employee may not mistate time, and employers may revise erroneous time logs.
If the problems has been corrected and does not reoccur, there's no need to do anything; but if not, then you may wish to speak to HR and then, if necessary, an attorney or the department of labor.


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