What to do if for the first 10.5 hours of work on a new jobI was unable to clock in because I wasn’t “in the system”and still haven’t been paid?

UPDATED: Aug 3, 2011

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What to do if for the first 10.5 hours of work on a new jobI was unable to clock in because I wasn’t “in the system”and still haven’t been paid?

 I worked 42.5 hours and was only paid for 33. Hours are also entered into a spreadsheet every day, and it says I worked the full 42.5 hours. I noticed the shortage on my paycheck, and called the district manager. I then called, emailed and text messaged him and my general manager multiple times over the following weeks. I have saved copies of these communications, as well as the excel spreadsheet. OR law says shortages must be paid within 48 hours. Where do I go from here? This was 28 days ago.

Asked on August 3, 2011 Oregon


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you did all that you could do within the hierarchy of your employer (from managers to human resources), you need to then go to the Department of Labor in Oregon to force the payment. Most likely what will occur is that investigators will come out to see if there are fraud issues surrounding wage and labor matters and will require the employer to fix all outstanding issues, from fixing the timeclocks, to immediately paying employees amounts outstanding and due. This is really your best option other than to keep harassing human resources, which sometimes can be just as effective if you show the HR manager the law (in black and white).

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