What to do about clock-in and paycheck deduction issues?

UPDATED: Aug 6, 2012

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What to do about clock-in and paycheck deduction issues?

I just started a job with this company as a local delivery driver. The first 2 weeks I was clocking in and out but my employer kept telling me that I am not doing it right, so at the end of the pay period, they only paid me for 60 instead of 80 hours. Are they allowed to do this? Also, I left a dolly at one of the drop-off locations. When I went back to get it, it was gone. My employer took $300 out of my paycheck for that.

Asked on August 6, 2012 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) An hourly employee must be paid for all hours actually worked, including overtime when he or she works more than 40 hours in a week. If an employer does not do this, the employer has violated wage and hour laws, and the employee would file a complaint with the department of labor (or consult with an attorney about a legal action).

2) If you lost something that belongs to the employer, they may seek reimbursement from you. They may not simply deduct money from your paycheck without your consent or approval; however, they could fire you if your refuse to pay them back, and also sue you if they think it worth their while to do so.

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 AttorneyPages.com 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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