Can my employer deduct time from my time card because he thought I should have finished the job faster?

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Can my employer deduct time from my time card because he thought I should have finished the job faster?

Can I request copies of my time cards to prove discrepancies? Also, I am normally paid overtime but was asked to take a delivery last Saturday that took 18 hours. All of it should have been overtime but my employer told me yesterday that he would only pay me my regular wage or a percentage of the load. Can he do this?

Asked on September 6, 2012 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) An employer may not deduct or withhold from an employee's paycheck without employee permission, including for perceived performance issues--the employer could, of course, demote, suspend, or fire an employee for performance problems.

2) Employers must pay hourly employees for all hours worked and keep accurate time records. They may not dock time for performance issues, but again, could take other action, up to and including termination.

3) An hourly employee must be paid overtime whenever he or she works sufficient hours to qualify: e.g. more than 40 hours in one week.


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