Is it legal for an employer to pay regular wages on a scale job?

We worked on a state scale job and we were told we would receive scale pay for all the hours we worked there. Some of the work was turned down and we had to redo it none off which was our fault (long story). We finally received our checks last Thursday 12/23/10 and upon opening them there were missing hours. After bringing this to the boss’s attention he told us to bring our proof and we would look over both records. Today 12/30/10 we did so and as soon as we entered is office he said that we were not getting payed scale for the hours spent working on the stuff that was turned down.

Asked on December 30, 2010 under Employment Labor Law, Delaware


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You worked; he has to pay you. If you are employees (w-2) then you are entitled to your wages regardless of his personal opinions.  You need to immediately contact the state's dept of labor and ensure not only an investigation has begun but that you all get your required wages due (I would say plus interest for him withholding it).  The state does not take too kindly to this and if the state can't help, consider all suing the employer in civil court for the missing money, plus court costs and attorneys fees. Sometimes legal aid and the state bar association has programs in place to get you no cost or low cost legal help to resolve such matters like these. Another source is the state office of the attorney general, who usually handles consumer protection issues but might have enough criminal law clout to help resolve this matter, as well.

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