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Employment Law/Not being paid in a timely manner.
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Question
I have worked for a restaurant for 5 years. I am a college student and live on my own with no help from my parents. For the past year the company I work for has not been paying us every 2 weeks. Instead, they insist that we shouldn't complain because we make tips (which in this economy are NOT enough alone to pay my bills). They pay us about a week late every week. I'm sick of this already but this week they tell me that I won't be getting my check for two more weeks. is this legal?? My boss laughs at me when I get upset about it. I'm very angry!!!
This is not legal for your boss to do. You must be paid in a timely manner. The company should set regular paydays and you should be told when they are and you should be paid when those paydays arrive.
File a complaint for unfair business practices and for unpaid wages with the Department of Labor in your area. If you need to know where to file let me know in which city and state and I will send you the information.
Shirley
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Answers by Expert:
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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