Employment Law Questions? Ask an Employment Lawyer.
I'm Lucy, and I'd be happy to answer your questions today.
The employer is only entitled to be paid for hours actually worked, so if he worked 25 hours in a given week instead of 30, he only gets paid for 25 hours. The employer can't then deduct an EXTRA five hours of pay for work already paid and completed. It would be illegal to give the worker in this scenario a paycheck for only 20 hours. The worker would have the ability to file a lawsuit in Small Claims Court.
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I can't even begin to imagine what makes the employer think that's OK, because it's so far removed from laws requiring that employees be paid for all hours worked.
Under Virginia law, if an employer deducts money from an employee's paycheck without written authorization, the employer could be charged with a Class 1 misdemeanor. Code of Virginia, Section 40.1-29.