Can the labor check an employee’s pay record?

UPDATED: Feb 18, 2019

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Can the labor check an employee’s pay record?

I only get paid for my regular hours but I work overtime. If I call the labor board can they check this out?

Asked on February 18, 2019 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can, but not right away. To be able to require or demand this information or documentation, Labor would need to start a legal action against your employer. They can ask for the information voluntarily before that, and your employer may choose to provide it, but it takes a legal action to compel.
Labor may start a legal action if they believe that you are being underpaid (e.g. no overtime, when you should get it) and the employer does not voluntarily prove to them that you are being paid correctly. If you contact Labor, provide as much information as you can about the hours you have been working.

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