unpaid overtime (Tucson: lawyers, employment, calculated)

[B. Lim]

How long does your employer have to pay you your overtime? If you were supposed to get it on your prior check and didn't? The company said it would be on the next check but it was not, and now I have to wait 2 more weeks?

[finernfrogfur]

Going into your 3rd paycheck and still not paid for OT !?! That's NOT a good sign. Is the company you're working for stable? In financial trouble? Here's my .02cents worth...

1. Get a hard-copy of your time cards covering the date(s) of unpaid overtime to current. If time cards are easily accessible (i.e. I DO NOT mean go into someone's private office space and help yourself... I DO mean if it's on a board beside the time clock or you keep it in your own office space) and you can just make a copy great, do it. If not, POLITELY ask the person who is responsible for time cards to please give you a copy. If they ask "why" reply with "I just want to make sure I'm not asking for something I don't have coming to me." But inside you know you have a right to getting the copy...you're just taking a softer approach by saying "you" may have not calculated something correctly ~ get it . Hard-copy in hand can't be altered to make it look like you never worked the OT and it can't accidentally disappear . Should you need evidence you've got it .
2. The next piece of evidence you need is hard-copy of your paycheck(s) for the period of time involved. When time card(s) and paycheck(s) don't match makes it kinda hard for a boss to deny and gives the court proof to support your claim .
3. With hard-copy in hand you can now wait until this next paycheck comes. Gives your boss a chance to make good and save face. If that doesn't happen, now I'd contact an attorney. Do not say anything at work about contacting an attorney. Just go about your job as if nothing is wrong and do your best work while keeping your mouth shut ~ get it .
4. Write your questions for the attorney down on paper. Then contact the American Bar Association, www.lawyers.com, or just Google "find an attorney" (make sure they're licensed and in good standing) and tell them you'd like to schedule a "complimentary consultation" (FREE) to discuss your paycheck issue.
5. Meet with the attorney. Your time will be limited so, make it count. With your questions in hand write the attorney's answers down as you go along. That way when you walk away from the meeting you'll remember what was asked/said.
6. If you have legal ground to stand on, the attorney will advise you of your next step. If there's not enough money involved to make it worth the attorney's time, you may need to go to small claims court and file the grievance yourself. If that's the route you need to take also have your list of questions for the attorney to include this avenue/process.
7. If it looks like you're going to be taking legal action against your company I'd start looking for other employment now, but don't say anything to your current employer and ask future employers not to approach your current employer until after you know for sure you've got the new job.

[observer53]

This is really not a Tucson specific thread, but call the Labor Department at the Arizona Industrial Commission for information on this issue.

Claims for willfully unpaid wages can be made under specific provisions of state law, and are routinely made by workers without an attorney, if the pay doesn't show up on this next check.

It's never a bad idea to consult one, you can usually get a free or reduced fee initial consultation. You can go to www.azbar.org, (skip the American Bar Association) to find lawyers in your area, and narrow your search to things like employment law. Do take all your documents with you to any consultation, and you would need the documents to file a claim with the Labor Department at the ICA as well.

[finernfrogfur]

Originally Posted by observer53

This is really not a Tucson specific thread, but call the Labor Department at the Arizona Industrial Commission for information on this issue.

Claims for willfully unpaid wages can be made under specific provisions of state law, and are routinely made by workers without an attorney, if the pay doesn't show up on this next check.

It's never a bad idea to consult one, you can usually get a free or reduced fee initial consultation. You can go to www.azbar.org, (skip the American Bar Association) to find lawyers in your area, and narrow your search to things like employment law. Do take all your documents with you to any consultation, and you would need the documents to file a claim with the Labor Department at the ICA as well.

Good additional tips to know...thanks observer53.

[CheyDee]

Larger companies usually have written policies about payroll discrepancies. They are sometimes printed in the Employee Handbook, if they have one. An example might be that they will pay for anything they missed on the following pay date, unless it equals a full day's pay or greater, (in which case they would issue an immediate, separate check).

Before jumping the gun, I would find out if the place has a written policy for paycheck corrections. I would then submit to the Payroll Department, in writing, (sent certified - return receipt requested), a copy of evidence to support your claim and politely request a check be immediately drawn, (if that's policy), or for the overtime to be added to your next check.

If your company does not have a written policy, I would still send the certified letter. If I didn't get what I was owed after that, then I would pursue it further.