How do I get my employer to itemize my paycheck?

Question

We keep asking to see our paychecks itemized and still are told, we are looking into it, but it has been 3 months. Also we are told we are salary but we have to use time clocks and are not getting our OT but we lose $ if we clock in late or have to leave early for a Dr. appt. Thanks

Answer 1

Call the workforce commission.

First of all, not all jobs can legally be salary. I've seen a lot of employers try to make office staff or other workers who don't qualify hourly so they can do exactly what you say they are doing.

Most administrative staff cannot legally be salary. This means receptionist, secretary, etc. An office manager can be salary but in order to qualify as a manager, must actually have employees he or she manages and has the authority to hire and fire.

Construction workers cannot be salary or exempt from overtime either.

There are also laws that dictate which salaried employees are exempt from overtime. For example, you must earn a minimum of $455 a week. "To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations."

Those are just the federal laws, state laws are often stricter.

What to do:
It depends on how willing to risk getting fired you are. At a minimum, you SHOULD be keeping detailed logs of your time because you can file with the state workforce commission and get paid for all that time that wasn't paid, but only if you can prove your case.

I suspect your boss fully knows they are violating the law and that's why they aren't itemizing your paycheck, because then they'd have to list your hours worked and what was deducted which could provide written proof (though salaried people don't always have hours worked on their stubs).

I'm actually pretty certain the LAW requires your check stub be itemized as to taxes, FICA and other deductions. How else can you make sure things are right? Again, call the workforce commission on that to verify what is required.

In any case, once you know the law, you can then go to your employer and discuss (if you all go together the odds are less you'll get fired because they'd have to fire all of you) that salaried means "paid for the job done" which means that as long as your work is getting done, and you aren't getting paid for OT, then deducting for tardiness or a dr. appt is unreasonable. IF that's your only complaint, that might fix that one.

If you are really not qualified to be hourly or exempt from overtime, you need to bring that to your bosses attention and give them a chance to make it right before taking it to the state.

Having to use a time clock is up to the employer but they are legally required to keep track of your hours worked in most cases. I think the problem here is that they are taking advantage of you by not paying OT and then docking you for time missed.

Hope that helps. It may be worth sitting down with an employment lawyer. Most don't charge for an initial consultation.

Answer 2

You need to know if you are being cheated. Either contact the labor board or a lawyer, because something tells me your boss isn't paying you what he should.

Answer 3

call the Labour board

Answer 4

They have to by law!!!!! send a stub to the labor board. they will fix it for you!