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WorkRights public legal education

Pay, Wages, and Overtime

If the problem is your paycheck, begin with the pay period you can reconstruct. What work did you perform, what did the employer record, and what were you actually paid?

Hourly worker using a workplace timekeeping terminal near the end of a shift.

If the problem is your paycheck, begin with the pay period you can reconstruct. What work did you perform, what did the employer record, and what were you actually paid?

Start with the promised pay, the work actually performed, and the formula that turned one into the other.

Pay problems rarely begin with a clean spreadsheet. They begin with a task that happens before the clock starts, a meal deduction nobody checks, a commission rule that changes midstream, or a salary label that hides what the job actually requires. The first job is reconstruction: what was promised, what work occurred, and how the employer calculated the result.

A Paystub Can Look Precise And Still Be Wrong

A payroll system may calculate every line consistently while applying the wrong rule—excluding a bonus from the regular rate, deducting a meal that was interrupted, or rounding in a way that repeatedly removes time. Precision is not the same as accuracy.

Reconstruct The Compensation Agreement

Identify the promised rate, salary, commission, bonus, tip arrangement, expense reimbursement, equity, or other compensation term. Determine whether the term came from a written agreement, policy, offer, repeated practice, collective agreement, or statute. Distinguish a discretionary reward from compensation earned under an objective formula. The pay period and earning event matter. A commission may depend on sale, payment, shipment, employment on a payout date, or another condition. The legal effect of that condition requires jurisdiction-specific review.

Reconstruct The Work And The Calculation

For hourly work, compare scheduled time, clock data, edits, login records, production systems, travel, training, pre-shift and post-shift tasks, and meal practices. For salaried or incentive work, examine actual duties, pay components, and how the employer calculated the regular or effective rate. Payroll data can look precise while embedding a wrong rule. A repeated rounding method, automatic deduction, quota, piece-rate formula, or bonus exclusion can produce small losses across many pay periods.

Separate The Claim From The Proof

A worker's estimate can identify the issue, but proof may require employer records, schedules, system logs, customer records, or testimony. Preserve the basis of every estimate and state uncertainty rather than presenting a reconstructed number as exact. The employer may argue that time was not worked, was not known, was unauthorized, was offset, or falls outside coverage. The factual answer often lies in supervision, workload, system access, instructions, and the employer's recordkeeping process.

Build The Pay Record

  • Offer letters and compensation plans.
  • Paystubs and year-end wage statements.
  • Timecards, edits, schedules, login/logout data, GPS or dispatch records.
  • Commission, bonus, tip, and deduction calculations.
  • Messages directing off-clock, pre-shift, post-shift, training, travel, or after-hours work.
  • Policies and acknowledgments regarding time reporting and corrections.

Where The Analysis Can Break Down

  • Wage coverage, exemptions, limitations periods, liquidated damages, penalties, and administrative routes vary.
  • A salary does not automatically eliminate overtime rights, but not every salaried worker is overtime-eligible.
  • Unauthorized work and unrecorded work are fact-dependent; knowledge and opportunity to report matter.
  • Do not use a public estimator as a legal damages calculation.

What To Do Next

  1. 1. Collect representative pay periods before trying to calculate the entire case.
  2. 2. Write down recurring unpaid tasks and how supervisors knew they occurred.
  3. 3. Compare the employer's stated pay rule with the actual formula on the paystub.
  4. 4. Use Nevada, Idaho, or federal official wage resources based on the work location and governing law.