AboutShirley 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
Question My husband has just started with a new construction company
after being laid-off for nine months. The first week went
by fairly smoothly. Second week starts and an accident
occurred, where my husband is carrying a 30 - 40 foot beam
from a building they are demolishing and another operator in
a smaller machine comes around a corner and would have run
into my husband's machine (track-hoe excavator)if my husband
hadn't stopped. And instead of hitting the smaller machine
the beam comes back and hits the track-hoe putting a dent in
the top hood. Now my husband is getting the blame and being
told we have to pay for the repairs because the machine is
in the process of being sold and The guy's withholding the
paycheck. In addition to this the guy said the date of
employment is starting yesterday, when the incident
occurred. Can he withhold the paycheck we desperately need
to put toward repairs of a machine used for building
demolition? doesn't he have to pay first and settle any
disputes separately? And what about the date of hire issue?
He clearly told my husband he's not on the books iuntil the
24th? What do we say to get our pay?
Answer You contact the department of labor if he is not paid for all the wages. They cannot withhold pay for accidents that happen and they cannot change the pay start date if work is already done.
Accidents happen and that is why companies carry insurance.
If he is still not paid his wages you can also take the company to small claims court to collect unpaid wages.
