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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27207
Experience:  Former judicial law clerk, lawyer
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If a worker is contracted hour days (30 hours a week) and

Customer Question

If a worker is contracted for 6 hour days (30 hours a week) and works 35 hours, and is paid per hour for the 5 additional hours, can the employer come back 2 months later and dock the extra pay if the employee only works 25 hours in a week.
The contract is silent regarding this.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 7 months ago.


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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Customer: replied 7 months ago.
an employer is trying to take away extra time to cover a shortage in hour currently. can this be done?
Expert:  Lucy, Esq. replied 7 months ago.


Expert:  Lucy, Esq. replied 7 months ago.

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.

Expert:  Lucy, Esq. replied 7 months ago.

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.

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