What can I do if I’m a former employee of a company and am trying to get access to my payroll records, however the company is refusing me?

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What can I do if I’m a former employee of a company and am trying to get access to my payroll records, however the company is refusing me?

There is an issue with overtime because I was paid a salary but did not meet the exempt salary rules.

Asked on June 16, 2015 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, the company does not, unfortunately, have to give you access to the payroll records...that's because while you may think they are *your* payroll records, they are not: they are the company's records, and they do not have to share them with you. The only way to get access to them, if the company will not voluntarily share them with you, would be to bring a legal action (e.g. a lawsuit, or a complaint filed with the labor department) and use legal process (such as a subpoena) to get them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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