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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

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Attorney answers 1

Posted

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.

Asker

Posted

I am an hourly employee... he can make me work 50 hrs in a week and only pay me 40 cause hes on vacation.... i find this hard to believe

Edward Clement Sweeney

Edward Clement Sweeney

Posted

Actually, I did not understand your question. He can pay you for 40 hours expecting you to work 40 hours while he is gone. Are you now saying he wants you to work 50 hours and will pay you for the 40 but will never pay you for the extra 10? Or are you saying he will later pay you overtime when he gets back and figures out how much you did?

Asker

Posted

He is saying he will pay for 49 hrs for next 3 weeks and if I work overtime I won't get paid until he returns ( which will throw me way into a higher tax bracket

Asker

Posted

I meant 40 not 49

Edward Clement Sweeney

Edward Clement Sweeney

Posted

How will that throw you into a higher tax bracket?

Asker

Posted

Because over 3 weeks he is going to owe me about 30 + hrs overtime all on one check

Edward Clement Sweeney

Edward Clement Sweeney

Posted

I very much doubt that will put you in a next tax bracket. It would seem to me, moreover, that just because the money comes in one check that does not go to when the money was earned and I still am puzzled how it throws you in a higher bracket.

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