What to do if for the first 10.5 hours of work on a new jobI was unable to clock in because I wasn’t “in the system”and still haven’t been paid?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if for the first 10.5 hours of work on a new jobI was unable to clock in because I wasn’t “in the system”and still haven’t been paid?

 I worked 42.5 hours and was only paid for 33. Hours are also entered into a spreadsheet every day, and it says I worked the full 42.5 hours. I noticed the shortage on my paycheck, and called the district manager. I then called, emailed and text messaged him and my general manager multiple times over the following weeks. I have saved copies of these communications, as well as the excel spreadsheet. OR law says shortages must be paid within 48 hours. Where do I go from here? This was 28 days ago.

Asked on August 3, 2011 Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you did all that you could do within the hierarchy of your employer (from managers to human resources), you need to then go to the Department of Labor in Oregon to force the payment. Most likely what will occur is that investigators will come out to see if there are fraud issues surrounding wage and labor matters and will require the employer to fix all outstanding issues, from fixing the timeclocks, to immediately paying employees amounts outstanding and due. This is really your best option other than to keep harassing human resources, which sometimes can be just as effective if you show the HR manager the law (in black and white).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption