Can an employer make deductions for a paper mistake?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer make deductions for a paper mistake?
Hypothetical situation with an exempt employee who works from 8 am to 4 pm.
Employee leaves work at 2 pm and clocks out on the 1st. 2 hours early. Upon arrival the next day when submitting sick leave form, employee accidentally puts the 2nd on the form which is the wrong date. The employee was at work from 8-4 on the 2nd and the time clock substantiates this. Payroll docks an employee’s check for 2 hours worth of salary for the 1st.2 hours is also taken out of accumulated sick leave for the 2nd. Is this legal?
Asked on August 19, 2016 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, it is not legal; under the federal labor laws, like the Fair Labor Standards Act, employees must be paid for all hours worked. A paperwork problem or error is not a legal excuse for not paying employees, nor is the fact that it would be inconvenient for the employer to redo or revise payroll. If they won't, you could file a complaint with the labor department, which may help you, or else sue (such as in small claims court, as your own attorney, or pro se) for the money. Of course, filing a complaint against or suing your employer is a drastic step, so you need to think about whether it is worthwhile for the amount of money at stake.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.