Can I dispute a shortage in my wages for hours that I was working but not clocked in for?

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Can I dispute a shortage in my wages for hours that I was working but not clocked in for?

Last week on the job I was asked to do company errands – pick up and deliveries. The hours that I doing those jobs were not input and therefore I was not paid for. When questioned, I was informed that I was not in the office, so I was not paid for them.

Asked on March 7, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your employer is incorrect: an hourly employee must be paid for all work done, whether on-site or off, and whether part of his/her normal job or a collection of miscellaneous errands. So legally you should be paid. Whether you can dispute the hours as a practical matter will depend in large part on what evidence you and your employer have, how credible you and the employer are, etc.--you would have to be able to prove that you did the work. You can try filing a complaint with your state department of labor, or you could sue (for smaller amounts, you'd probably be best off suing in small claims court, where you can represent yourself and avoid legal fees), if you can't work it out with your employer.


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