Is it legal for an employer to pay regular wages on a scale job?

UPDATED: Dec 30, 2010

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Is it legal for an employer to pay regular wages on a scale job?

We worked on a state scale job and we were told we would receive scale pay for all the hours we worked there. Some of the work was turned down and we had to redo it none off which was our fault (long story). We finally received our checks last Thursday 12/23/10 and upon opening them there were missing hours. After bringing this to the boss’s attention he told us to bring our proof and we would look over both records. Today 12/30/10 we did so and as soon as we entered is office he said that we were not getting payed scale for the hours spent working on the stuff that was turned down.

Asked on December 30, 2010 under Employment Labor Law, Delaware


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You worked; he has to pay you. If you are employees (w-2) then you are entitled to your wages regardless of his personal opinions.  You need to immediately contact the state's dept of labor and ensure not only an investigation has begun but that you all get your required wages due (I would say plus interest for him withholding it).  The state does not take too kindly to this and if the state can't help, consider all suing the employer in civil court for the missing money, plus court costs and attorneys fees. Sometimes legal aid and the state bar association has programs in place to get you no cost or low cost legal help to resolve such matters like these. Another source is the state office of the attorney general, who usually handles consumer protection issues but might have enough criminal law clout to help resolve this matter, as well.

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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