What canI do if I have been shorted hours in my paycheck?

UPDATED: Nov 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 10, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What canI do if I have been shorted hours in my paycheck?

I get paid every 2 weeks. 4 weeks ago when I was paid, I was shorted 37 hours in my next check I was shorted 40 hours.

Asked on November 10, 2011 under Employment Labor Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming the fault was not yours--that is, that you did not fail to turn in your time sheet, punch your time card, etc.--you could take legal action against your employer. (If the fault was yours, by the way, if and once you can document the proper hours, they should pay them.)

You have two options: first, you could contact the state department of labor and seek to file a complaint. Second, you could bring your own lawsuit, potentially on your own, but preferably by retaining an employment attorney. In any event, an employer must pay hourly employees for all hours worked--including paying overtime for any hours worked past 40 in a week.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption