Indianapolis, IN asked in Employment Law for Arkansas

Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to me. The first check was paid at wrong rate and fewer hours than worked, and less $200 bonus, so I let them know, they then printed me a 2nd check for a number of hours, and I’m not sure where they came up with that but it was still Very short, so they printed a third check and took the sum of the first two checks which were each taxed, then added that amount to 3rd check, taxed it again, then deducted it as an advancement, so then the third check they took out way too many taxes and they have the total amount paid to me as more than what I made because of the advancement, and the tax increase. I’m not sure how to have this corrected from this point it’s so messed up.

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1 Lawyer Answer

A: You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate does not vary from week to week based on your pay structure, your employer may not be calculating this correctly.

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