Clocking In But Not Getting Paid Out?

It’s happened again. For the third week in a row, you worked 45 hours -at the boss’s request- but only been paid for 40.

The first time it happened, you gave the company the benefit of the doubt. You just got this job after months of looking for an opening in your field, and didn’t want to rock the boat over five unpaid hours. The second time, you politely mentioned it to your supervisor, who looked irritated but said he’d “look into it.” Awhile later, he informed you that you must be mistaken.

Now it’s happened again and you know it’s not a mistake, because you kept track. After the second incident, you bought a notebook and stuck it in your back pocket, and noted your hours every single day. You did this because you know something is not right. Either the payroll department has a flawed calculation system, or your company is stealing from you.

Some companies deliberately try to cut operating costs by adjusting employee schedules to meet their budget. They insert unpaid breaks that you never took to reduce labor costs and even move hours from one week to the next to avoid paying overtime. Others justify the abbreviated paycheck by claiming that they have the right to dock you for cash register shortages, new uniforms, or wasted product.

In New York at least, no, they don’t.

It is important to independently keep track of your hours worked, so that you can be sure that your employer is compensating you accurately. There are different tools you can use to accomplish this:


  • Notebook: If you prefer to track your hours with paper and pen, purchase a notebook that’s small enough to be portable, and note what time you begin and end each workday.
  • Time Tracking Software: Certain desktop applications, like Klok and Toggl, can actually track your tasks in real-time and generate a timesheet with an electronic timestamp.
  • Time Tracking Apps: Like their software counterpart, time tracking apps can be loaded onto your phone, tablet, or laptop and used to clock in and out. The resulting timesheets can serve as documented evidence of the hours you worked.


When there is a clear discrepancy between your paycheck and the amount you are entitled to, proof of your logged hours gives you the documentation you need in case there’s a dispute. If you attempt to correct any issues with your employer and they shrug you off or even threaten you with dismissal, don’t back down. There are other options available to you, options that you are can pursue without fear of reprisal. Talking to a wage theft attorney, for instance.

In an ideal world, your notebook or app will be like an insurance policy. You may never need to use it, but if problems arise, you’ll be glad it’s there.

If your employer refuses to pay you the wages and other benefits that you legally earned, contact AndersonDodson today to learn more about what actions you can pursue to get what is rightfully owed to you. A member of our team will go over the details of your case with you and help you fight for the compensation you are legally entitled to receive. #NotOnMyBack

Written by AndersonDodson


AndersonDodson, P.C. is a law firm dedicated to holding employers accountable for paying their employees correctly. We are aggressive and tenacious when we need to be, if that’s what it takes to get the job done. Sometimes the playground bully needs to be brought down a notch, and we are plenty equipped for a fight if it becomes necessary. But we also don’t go looking for a fight. Our mission is to get our clients paid what the law says they deserve, not to stir up trouble where none is needed. Trouble is distracting from life, and living life should always come first.