Withholding pay

[Andy]

Jurisdiction

West Virginia

Worked 80 hours in a pay period. Was shorted 8 hours on paycheck. Informed payroll clerk about it and she said since it appear to be my fault(which it wasnt) that they would put it on my next paycheck. She made it sound as if it is only issue with me but after speaking with other employees this happens ALOT.

Payroll says their guidelines are that if it's employee error it goes on the next check.
WV labor board said payroll has until 19 days to pay me the hours.
I did research and found that under the Fair Labor Standard Act they can't withhold my check for disciplinary action.
Basicially, wouldn't the federal law exceed state law? What can I should I do from here??

 

[army judge]

Some entities find ways to regularly break rules and skirt the law.

You could report it, continually, and be THAT GUY that eventually gets laid off or terminated.

Some people would begin seeking a new employment situation.

It's easy to get rid of what THEY might see as a TROUBLEMAKER than to remediate these problems.

Be careful, unless you want to become THAT GUY.

THOSE GUYS seem like crooks to me.
But, I'm just another Internet nobody.

 

[cbg]

You can wait until your next check and get your pay.

I'm not seeing any evidence that your pay is being withheld as a disciplinary action.

 

[adjusterjack]

What can I should I do from here??

Keep careful records of your time. If you punch a time card or fill out a time sheet, copy it or photograph it every pay period.

If this happens again you are free to officially report it to the WV DOL if you want to.

 

[ElleMD]

The DOL isn't going to be terribly interested in an employer who fixes mistakes on the next check. Unless there is much more to the story, that is an acceptable practice as far as they are concerned.

 

[adjusterjack]

But the DOL may be interested if the employer is routinely making this "mistake" with OP and other employees.

 

[ElleMD]

Proving it is not just a mistake is going to be a problem. The DOL does not investigate how efficient your timekeeping system is, just that you are paying employees everything they are due. It would have to be pretty bad before the DOL would determine that the business is non-compliant, especially if all mistakes are fixed the very next pay.

 

[cbg]

Not to mention the fact that we're talking about West Virginia here, which is not known for being employee-friendly. California, now, that'll get you a nasty letter from the state if you so much as breathe funny in the direction of the payroll office. WV, not so much.

 

[C-Note]

Not to mention the fact that we're talking about West Virginia here, which is not known for being employee-friendly. California, now, that'll get you a nasty letter from the state if you so much as breathe funny in the direction of the payroll office. WV, not so much.

Being from California and having actually experienced the State DOL, I respectfully disagree with you.

 

[Betty3]

Your check wasn't being withheld it seems - you were just shorted some hours on check which they are indicating they will pay on next check. I wouldn't make a big deal about it.

 

[cbg]

C-Note, one day remind me to tell you the story of what happened when one of my CA employees falsely reported that I had not paid out her vacation time at termination. I speak from experience.

 

[C-Note]

C-Note, one day remind me to tell you the story of what happened when one of my CA employees falsely reported that I had not paid out her vacation time at termination. I speak from experience.

Did you prevail on the fact that it was falsely reported?

 

[cbg]

Eventually, yes. But not until the employee herself admitted that she had been paid it after all. Showing them the record of the payout didn't do it. Showing how her final check was calculated to include the vacation owed her didn't do it. Even showing them copies of the cancelled checks and our actual payroll records didn't do it. ONLY when the employee acknowledged that we had, in fact, paid her what was due did they finally cease and desist. And even in the final letter saying the case had been resolved, there was a hint of, "You got away with it this time but don't let it happen again".

 

[Andy]

Thanks for all the responses everybody. I was under the impression that attorneys would be responding and was seeking legal advice. I do appreciate the responses though.

I received my back pay on today's check. The reason I asked the question is that I have never really had any issues like this with previous employers until this one. This has happened twice already and I've only been here 6 months. The payroll clerk in our department says it my fault when I know I've clocked in. I've found out from other employees and 2 other supervisors that this has been a problem for awhile. Normally I wouldn't make a big deal about it but having just moved, Christmas time here, and being here in WV where jobs are scarce most of us including myself live paycheck to paycheck.

I do believe the problem should be fixed though. I spoke to one of the better supervisors and she told me to come in about 2 days before payroll is sent out and make sure my hours our correct cause that's what several employees do.