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'm employed in California My employer States that the work week is Tues thru Mon..However we work Mon thru Fri..
40hr work week..Our pay period is Tues thru Mon..
If Im working Mon thru Friday & he has me work on Sat...
He makes me take the following Mon off to avoid over time
If I'm working 6 strait days should sat be overtime.
I challenged this they contacted the labor board
& the labor board stated on thier side.. I called the labor board they sated that they are in the wrong??
Answer The workweek can start with any day the employer wishes to start it. it is up to the employer on which day the workweek starts.
It must start on the same day each payday.
If it is Tuesday-Monday than it is 7 days, T, w, t, f, s, s, m. That would make Monday the last day of the 7 days. You would need to work on Monday for overtime because you only have 40 hours in Tue-Sat.
If that is true than the Monday you worked is on the last pay period and should be paid as such.
The employer cannot change pay period times to keep from paying overtime. If Tuesday - Monday is always the pay time than he is correct.
If he has the pay time Mon- Friday then Tues-Mon and only changed it to keep from paying overtime he is not correct and it is not legal to do this.
You could have to make a claim to the labor department and they would investigate and see how he has been paying payroll. If he has been paying Tue-Mon than he is okay and the case will be dropped, if he is changing pay times to keep from paying overtime than you will be paid the overtime for the saturday.
