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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2731
Experience:  30 years of experience
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I have been employed almost a year, and hage received

Customer Question

I have been employed almost a year, and hage received regular biweekly paychecks with taxes taken out since I started. My employer never paid me for additional hour I worked this last March until today. However, they have tajen taxes out again on this new check. Is this legal?
Submitted: 1 month ago.
Category: Legal
Expert:  Gerald, Esq replied 1 month ago.

Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Expert:  Gerald, Esq replied 1 month ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

No. They should not have taken taxes out of your check twice for the same income. They are obligated to correct this. If they fail to correct it you can file a complaint (at no charge) with the Department of Labor. See here

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Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Customer: replied 1 month ago.
Thank you for your prompt respose. I have a few more questions. If I worked on days that were not work days do taxes come out of that as well? Also, if I have the amount of hours I work per pay period, the hourly amount, and the amounts for social security and medicare that they take from my regular check, how do I know without having my W4, how much is to be deducted for a smaller amount of hours?
Expert:  Gerald, Esq replied 1 month ago.


It does not matter what day that you worked. If you worked you were entitled to your proper compensation.

The amounts that are deducted are based on percentages and also based on your W4 claimed exemptions. I can't determine that without your records. BUT this calculator may help you sort it out:

Your employer should be able to give you a copy of your W4 and they should be able to properly calculate the proper taxes.

If they are unable or unwilling you can contact the Department of Labor.

I hope this additional information is helpful to you.

Kind regards,


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