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Employment Law/Payroll changes

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Question
I work in homecare, just turned in my time sheet for Dec 17- Dec 30. Get paid every 2 weeks, should be paid on the 4th. Was called today with no prior notice that payroll as of Jan 1 would be moved to the 15th and 30th, no pay this week. I now have to go 4 weeks without a check. Is this legal? Do I have no control at all?

Answer
It depends on the state in which you work. Some states have different laws than other states. The payperiods and payment of wages is administered by the State Department of Labor.

I know why they are doing it and it doesn't make it right. I went ahead and did payroll and my people will be paid on Jan 4, however, I was forced to use the 6.2 Social Security rate instead of the 4.2 rate currently in effect to take in consideration of the tax changes which are expiring on Jan 1. No deal has been reached to extend them by Congress.

I had to work Sunday to do payroll so I could process and send to the bank in order that the employees will be paid on Friday because we are closed on Tuesday as are all the banks. Many payroll people will not do this.

They are probably changing payroll periods because of this.

Your point of contact to see if it is legal or not would be your State Department of Labor as they are the ones that oversee the payment of wages in their state. So Call you local Department of labor and talk to them about it. They will tell you if it is legal or not if not they will call your company and you will have to be paid sooner.

Shirley

Employment Law

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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

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

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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