What are my options for getting paid accurately?

UPDATED: Sep 30, 2022

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What are my options for getting paid accurately?

I work for a small company and since they switched us in july from quasi-hourly pay check semi-monthly, always the same amount, overtime paid out in compensatory time instead of on our check to normal hourly, our paychecks have been consistently short. They are trying to fix it and keep blaming the time keeping company but I just have a hard time believing it’s actually on their end. Their website says they have 30,000 clients. If they were having software issues of this magnitude for this long they would already be out of business. My other serious concern is there were people that were hourly before July. In all likelihood their checks have been wrong all along. I am not confident that they have done any sort of audit which is just plain wrong. I tried talking to the DOL but because the issue is with regular hours not OT and we make more than minimum wage, they couldn’t help me. They forwarded me to a state wage complaint office but he said it would jeopardize my job no kidding. I’m not sure what else to do. Going above payroll’s head is oddly not actually an option.

Asked on October 18, 2016 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, if going to upper management is not an option and the department of labor will not help, your only real option is to sue your employer for the money: you would sue based on "breach of contract": for violating the agreement (even if only an oral or unwritten one) pursuant to which you worked for a certain amount of pay. Obviously, suing your employer will have consequences for your relationship with it. You may wish to seek other employment (since this employer has a very cavalier attitude towards honoring its obligations) then, once you have new job, sue for the money you are owed.

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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