If you believe your paycheck or time records may be inaccurate, preserve the records you already lawfully possess and create a simple timeline of the issue. Helpful materials may include pay stubs, timecards, schedules, employment agreements, wage notices, text messages or emails about work performed outside scheduled hours, and records showing missed meal or rest periods. Do not take confidential company information or records you are not entitled to possess.
If the issue is ongoing, speaking with an employment attorney can help you understand whether the problem may involve unpaid wages, overtime, break violations, misclassification, or another wage-and-hour issue.
Wage and Hour FAQs
Can a salaried employee still be entitled to overtime?
Yes. Being paid a salary does not automatically make an employee exempt from overtime. The employee must satisfy the legal requirements for an applicable exemption.
What counts as off-the-clock work?
Off-the-clock work can include job duties performed before clocking in, after clocking out, or outside scheduled hours, such as required emails, text messages, calls, meetings, or other tasks. Whether particular time is compensable depends on the facts and applicable law.
What if my employer changed my timecard?
A timekeeping correction may be legitimate, but recurring or unexplained edits that reduce recorded work time can raise wage-and-hour concerns. Keep copies of records you lawfully possess and document discrepancies you notice.
Can my employer retaliate because I raised a wage complaint?
Employees may have protections when they raise certain wage-and-hour concerns or exercise protected workplace rights. If adverse action follows a wage complaint, review the Retaliation and Whistleblower Rights page. If the employee is fired, the circumstances may also overlap with a wrongful termination claim.
