What to do about clock-in and paycheck deduction issues?
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What to do about clock-in and paycheck deduction issues?
I just started a job with this company as a local delivery driver. The first 2 weeks I was clocking in and out but my employer kept telling me that I am not doing it right, so at the end of the pay period, they only paid me for 60 instead of 80 hours. Are they allowed to do this? Also, I left a dolly at one of the drop-off locations. When I went back to get it, it was gone. My employer took $300 out of my paycheck for that.
Asked on August 6, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) An hourly employee must be paid for all hours actually worked, including overtime when he or she works more than 40 hours in a week. If an employer does not do this, the employer has violated wage and hour laws, and the employee would file a complaint with the department of labor (or consult with an attorney about a legal action).
2) If you lost something that belongs to the employer, they may seek reimbursement from you. They may not simply deduct money from your paycheck without your consent or approval; however, they could fire you if your refuse to pay them back, and also sue you if they think it worth their while to do so.
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