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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > Incorrect Payroll

Employment Law - Incorrect Payroll

Expert: Shirley McAllister, CPP, PHR - 11/3/2009

Question
Hi!

I just got my very first pay stub from a temp agency that I worked for from 10/20/2009-10/26/2009. The pay is for the work week ending on 10/23. Here are the hours I worked that week:

10/20: 7AM-6:30PM
10/21: 7AM-7:30PM
10/22: 7AM-7:30PM
10/23: 7AM-5:30PM

Subtracting the half hour lunch break from each day means I worked 45 hours that week. I used a sign in sheet on 10/20 because it was my first day and I had not been assigned a number for the electronic time clock. The other 3 days, I used the time clock.

Payroll is only giving me credit for 20.12 hours, which supposedly came from 10/20 and 10/22, which does not make sense since even those 2 days by themselves should be 23 hours.

I called the temp agency to get this fixed, and they told me they had contacted and were waiting for someone at the logistics company where I had been assigned to work to verify that I had worked those hours. However, I am concerned that this will just be ignored or that they will never be able to verify it. My concern comes from the fact that I could tell the place was poorly organized when I worked there and the fact that my very fist pay stub is missing 25 hours.

Basically, I want to know what I can do if they do not correct this. I have no documentation. I wonder whether I used the time clock correctly, but I am awfully sure I did. I have 1 witness who can verify my hours because I carpooled and worked with him, but I don't know if that is enough. He is not a supervisor or anything. He just did the same job I did. Since there were well over 100 people working in that warehouse, I am not totally sure whether I could get a supervisor to verify my hours.

What can I do?

Thank you in advance.

Answer
First I would suggest to you that you take your carpool friend with you and talk to the supervisor and see if you can get it straightened out that way.

If they will not pay you correctlly ask your temp agency to find you another position. They also need to pay you the time you worked.

If you cannot get anyone to fix it than call the department of labor and talk to them about it and see if they can help you.

Shirley

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