How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29985
Experience:  Former judicial law clerk, lawyer
Type Your Employment Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year 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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year 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 1 year ago.


Expert:  Lucy, Esq. replied 1 year 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 1 year 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.