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Is it legal for my employer to hold overtime pay or say I owe him ?

Pittsburgh, PA |

So there was a letter in my paycheck that my boss is going on vacation for 2 weeks so my check for the next 2 weeks will only be for exactly 40 hrs... that means if i work under 40 for the next 2 weeks on the 3rd week he is going to deduct hrs from that check and if i work overtime in the next 2 weeks he is not going to pay it until he gets back from vacation? I need my money why should i have to wait and to be so bold as to tell me to make sure i budget for his vacation ... seriously should i tell my bills the have to wait because my boss decided to go on vacation... IS this LEGAL?Is

Attorney Answers 1


  1. Do you have a contract that guarantees you your hours? If, not, then yes, generally, he can offer you whatever hours he wants. If he radically cuts your hours, you may have an unemployment case to make up the difference. While there are other elements of your question that could raise some issues, as a practical matter I think it may be hard for you to appear reasonable arguing you don't have the ability to mind your hours. Its only for 2 weeks. Employees have to look at the big picture and if he is fair to you overall then it may not be wise to raise issues when Employer may err in trying to deal with an atypical situation.

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