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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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Employment Law - Payroll

Expert: Shirley McAllister, CPP, PHR - 10/26/2009

Question
Hello, I work for a ESOP contracting company within the telecommunications industry. I am an employee of this company and my compensation is based on a piece rate or what we refer to as a production rate. My vacation, holiday, ESOP and other time is calculated by an assigned hourly rate, which is much lower then my production rate. Is that legal or should it be calculated as an average of my production? Since you do not qualify for most of these benefits until after at least 90 days there is a history to calculate them from.
Also, how long is it legal for them to hold my pay? We are paid on a weekly basis and they hold some of our pay for several months at a time.

Answer
Vacation and holiday pay is not required by law to be paid. It is given by the employer thus the employer can say when it may or may not be used and actually has control of it.

The FLSA says that at least minimum wages must be paid so they must pay vacation and holiday time at at least minimum wage with is 7.25 an hour for the federal minimum wage.

Your pay should not be held, when you start sometimes a week is held back and paid at the end of service to the company this is called a waiting week and is common and is legal. Other than that you should be paid each week on a regular payday and your time not held back.

If your pay is not received each payday you should contact the local department of labor and let them know that you are not receiving your pay.

Shirley

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