What can I do if my last paycheck did not contain my OT holiday pay?

UPDATED: Jul 15, 2010

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What can I do if my last paycheck did not contain my OT holiday pay?

I worked for a company and when I recievd my last check I noticed that I was not paid OT for the 4th of July.

Asked on July 15, 2010 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Two options:

If you are a nonexempt employee (i.e. one who by law must receive overtime), you can contact either the federal dept. of labor (DOL) or your state's department, to file a complaint. This is free, but can be very slow.

Second, you could bring a legal action for the money, either in small claims court (represeting yourself) or with an attorney, though it's hard to imagine that hiring an attorney would be economically worth it. Since even small claims court has some filing fees, etc., there will be costs reducing your recovery.

If you haven't already, though, start by just talking to your company--it's possible this was just an oversight or accounting error, easily cleared up. Good luck.

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