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 I work for a landscaping company in Michigan and when I was hired, I was told I was a salaried employee making $350 per week regardless of whether or not I work. There was a week where my boss did not have me work(I called to find out where to go, and he told me not to work that week with no mention of pay cut). Now that payday has come up, he is claiming he changed me from salary to hourly because I only worked 1 day in the pay period, and only paid me for 1 day. Shouldn't I still get a salary because at the time I did the work, he told me I was salaried? Also, he has not been paying on time. He has established that he pays every 2 weeks on a Friday. Well payday came up and he told us he couldn't pay us because the apartment complex hadn't paid him. Doesn't he have to pay us anyway, regardless of who paid him? My last question is about a W-4. I haven't filled one out yet, but my boss wants me to, he just hasn't gotten around to it yet. So even though I haven't filled out any tax paperwork, he deducted taxes from my paycheck, and did not give me a check stub for it. It was a paycheck written from the company account, with no accompanying stub. Am I supposed to take taxes out if I haven't filled out a W-4? Is there anything I can do about this situation? Please help, I feel like I am getting screwed over working for this guy.
Thanks.
Answer First of all the job should have been an hourly job. Even if you get a salary that does not mean you are an exempt employee and if you are not an exempt employee you are hourly whether you are paid by the hour or with a salary.
In order to be exempt you must meet specific criteria and It is most generally an administrative or a supervisory role.
Regardless anyone can pay anyone by the hour whether they are exempt or not there are no restrictions on who can be paid hourly.
If you are off a whole week whether you are salaried or hourly you do not have to be paid for the week. You can claim unemployment for that week. If you only worked one day the week before you can also apply for unemployment for that week too.
The W-4 needs filled out right away. If the W-4 is not filled out the employer still must withhold taxes from the payroll check, but they have to withhold at s-0 until the W-4 is filled out.
