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

UPDATED: Mar 7, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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