Why is it that my check is never the same when I work same hours?

UPDATED: Oct 2, 2022

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Why is it that my check is never the same when I work same hours?

If I work 80 hours a week and my check is, for example $1000, why is it that when I get my next check for the same hours worked it’s for $950. When I call, they can’t explain it to me. One time I was out for 23 days and they said that they overpaid me 85 hours but I only work 80 and they took it all in 1 shot and left me with $8.07.

Asked on August 22, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The short answer is, we can't tell you, because it should be the same for the same hours worked, unless your pay rate changes (e.g. you got a raise). The most likely explanation is that they are not keeping accurate or honest time records, which is against the law.
Also the against the law is taking an overpayment out--even assuming for the sake of argument that you were overpaid--without your consent: employers may not withhold employee pay, even if the employee owes them money, unless the employee agrees to it. (If the employee does not, the employer may sue them for the money, but that is the employer's recourse.)
You describe some serious irregularities: you may wish to contact your state's department of labor.

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