What are my rights regarding weekly pay and vacation?

I went on a scheduled vacation and filled out my vacation slips per time used. I left an hour early 1 day and while on vacation went through a payday. When I came back to the office, because of that 1 hour, they claimed to not know what time to use. Therefore, they kept that whole day off my check to be added to the next pay period. How is this legal when it will change tax rates? They could’ve contacted me while I was on vacation yet they did this. I work for a local government that functions on a state

retirement plan. That day changes money’s allocated into it as well.

Asked on September 6, 2017 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In theory, if the employer's negligence or carelessness cost you money, due to having, say, 2 weeks less of interest on that days' contribution to your retirement plan (because it end up being contributed 2 weeks later) or some incremental impact on your taxes due to the change in when paid, you could sue for that money--but only for that money; for the exact, actual loss you incurred. It is very difficult to conceive, however, that any loss you suffered from a shift of one day from pay period  1 to pay period 2 is worth the time and cost of legal action.
Further, taxes are ultimately based, calculated and reconciled based on *annual* earnings; therefore, if you earn the same total amount this year, your incomes taxes will be the same regardless of whether a day shifted from one period to another. (E.g. if you earn $52,000 in a year, the income tax is the same if you earned and were paid $1,000/week for 52 weeks, or only worked 4 months, but made $13,000 each month [$3,250/week] during that period.)

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