What to do if my check was shorted by my employer which is now making me wait until my next payday to get what I am owed?

UPDATED: Jan 22, 2012

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What to do if my check was shorted by my employer which is now making me wait until my next payday to get what I am owed?

I get paid every 2 weeks and on my check. This week they shorted me 19 hours and said theywill paid me on my next check. I worked 40 hours a week so would they have to consider that 19 hours overtime since I’m over 80 hours for 2 weeks.

Asked on January 22, 2012 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Technically, what  the employer is doing is wrong--they should issue you a supplemental check, rather than make you wait. However, since the only way to force them to do that if they don't want to would be to sue them, there's no practical way to get the money earlier.

2) Overtime is based on working more than 40 hours in one weak, not over 80 hours in two weaks. Anytime you *work* more than 40 hours in a week, if you are a nonexempt employee, you should get overtime.

3) Eligibility for overtime depends on the work actually done in a week, not on what you are paid for--i.e. if you don't work more than 40 hours in a week, you don't get overtime, even if you are being paid for more than 40 hours, due to some adjustment.

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