What canI do if I have been shorted hours in my paycheck?

I get paid every 2 weeks. 4 weeks ago when I was paid, I was shorted 37 hours in my next check I was shorted 40 hours.

Asked on November 10, 2011 under Employment Labor Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming the fault was not yours--that is, that you did not fail to turn in your time sheet, punch your time card, etc.--you could take legal action against your employer. (If the fault was yours, by the way, if and once you can document the proper hours, they should pay them.)

You have two options: first, you could contact the state department of labor and seek to file a complaint. Second, you could bring your own lawsuit, potentially on your own, but preferably by retaining an employment attorney. In any event, an employer must pay hourly employees for all hours worked--including paying overtime for any hours worked past 40 in a week.

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