How is my time calculated? Am I entitled to know?
I am a nonexempt employee on a time clock system. Is my employer under any obligation to advise me how my hours are calculated (i.e. how minutes are rounded, when pay is docked, overtime earned, etc.)? My pay check always seems light and I have been unable to get HR to tell me how they do their calculations.
Thanks!
Answers (1)
You have a right to know your rate of pay.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you have a right to know the rate at which you are being paid, including the 'rounding' of minutes on or off the clock and any other factors that impact your pay. The Pennsylvania Wage Payment and Collection Law specifically requires such disclosure by your employer at the time you are hired, and at any time the rate changes.
If you are not provided the rates at which you are being paid, including the overtime or rounding of clocked time, you should demand the calculation in writing, delivered via FedEx, UPS or some other service that obtains a signature upon delivery.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jan 4, 2005 10:31 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you have a right to know the rate at which you are being paid, including the 'rounding' of minutes on or off the clock and any other factors that impact your pay. The Pennsylvania Wage Payment and Collection Law specifically requires such disclosure by your employer at the time you are hired, and at any time the rate changes.
If you are not provided the rates at which you are being paid, including the overtime or rounding of clocked time, you should demand the calculation in writing, delivered via FedEx, UPS or some other service that obtains a signature upon delivery.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jan 4, 2005 10:31 AM [EST]
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