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 in a union office. Several years ago we signed an agreement with the company that they would change our bi-weekly payroll to a weekly payroll. For example on 7/9 we were paid for week ending 7/4. Although our company was purchased by another company several years ago the companies have just recently merged with our other union company and we are preparing to merge with our local union office on 7/26. They have a 1 week payroll holdback, so in essence they are telling us we will not receive a check on 8/6, due to them holding back a week, so that week of pay will be "given up" until we terminate employment with the company and some of us have many years to go. Their reasoning is that when we transfer we have to follow their work rules or office policies, however we feel as if we are being treated as new employees so they can get our/their payroll in sync, and giving up a week of pay in this economy will be very difficult. We are asking that since we did have an agreement in writing that those employees that are moving be "red lined" and continue to be paid as if there was no holdback. What is your opinion? Have you seen any other cases like this?
Answer We did go through a similiar experience where we changed our payroll from semi monthly to bi weekly. I now cut payroll off on Friday and pay the next friday. Yes there was one week that was affected, and there were complaints, but we go through it and now it is so easy for payroll and the employees like it.
We did allow our employees to use Vacation or PTO time to cover the week if they wished to do so. The week was still held back, but they were paid out vacation time so they would not be short.
