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

UPDATED: Sep 6, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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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