Legal Question in Employment Law in Utah

Clever calculations robbed me of overtime pay

I recently left a job of my own free will (I quit) because of some unethical things going on there. I already recieved my last paycheck. Now I have found out that they there were calculating overtime on a 15 day work week instead of the required 7 day work week. This company is making corrections for current employees, but I want to make sure they go over my time sheets to re-calculate my overtime and pay me what's due. I would file a wage claim with the Dept of Labor, but I am not sure how much is owed me. I would have to see the time sheets for that. Do I have a legal right to subpeona the time sheets? Do I need to take them to small claims in order to do that?

Thank You.


Asked on 11/21/03, 9:30 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Clever calculations robbed me of overtime pay

You will have to file a lawsuit before you get subpoena power. Prior to that, contact the payroll department and ask for copies of your hours. If they are being reasonable you will not have to file a suit, on the other hand if they fail to cooperate you can file a claim for wages or a lawsuit.

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Answered on 11/22/03, 10:51 pm


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