labor laws

[laundromat]

I have worked for Equator now for a year.I started off making more than I do now.I am supposed to be paid every 15th and 1st of every month.That rarely happens.Just like everybody else who has a job,I also have bills to pay.Again,today the 15th I have no paycheck.Tomorrow,shopping is tax free until sunday.I desperately need clothes and have my cable,phone and power bills to pay.I need to get refills on my meds and pay off a $200 ballance I owe on my furniture.

I have no idea how they were able to lower my hourly pay $2 without telling me first and they take out $0 for any taxes or SS.I have no health insurance and need to know how the hell they can legaly keep from paying me on time.I am so ready to get them in some serious hot water.

 

[maytagbear]

Chuck, buddy

Some will disagree with this, but....you'd do well to talk to a lawyer.

Lawrence/Maytagbear

 

[launderess]

Well, you should have posted eariler, since now it's Friday and both your state and the federal departments of labour are closed. It is to them you need to make your complaints, as well as the IRS regarding any possible issues regarding payroll taxes.

Personally, have always heard one of the bad warning signs of a company is when payrolls are not being met. This usually means the company does not have funds in the bank to cover, and must wait until it does before issuing paychecks.

If I were in your situation, I would start looking for another position elsewhere. Also would contact a good labour attorney, with an eye to sitting your employers down for a long talk.

 

[petek]

Smells like bankruptcy in the offing.

The company has an obligation to pay you on time, not even one day late.. What's everyone else saying about it all?
Anyone else willing to go as a group to a lawyer etc etc.

 

[dalangdon]

I had the same thing happen to me about fifteen years ago. The Washington State Department of Labor and Industries paid me the wages I was due, then took the employer to court.

WA state is very pro-labor, thanks to Boeing. Maybe Texas is the same way?

 

[nmaineman36]

Well I can tell you in my situation that when I was let go because of my heart attack I was told that the company couldnt afford to keep me. Then I called the state of Maine and amazingly the dept of labor office picked up the phone rather quickly. I told them what had happened and they told me that Maine is an "at will" state they the employer can do almost anything. Even can you without notice.
As far as being paid on time..if you are told that you will be paid essentially every 15 days then they should meet that. The other side could be that they are in dire straits and dont have the cash flow. if I were you I would call and find out what you can do about it...then I would start looking for another job. Sounds to me that the worst is around the corner.

 

[thomasortega]

I don't have much to say because I don't know about the american laws but I have 5 tips my boss (also best friend and financial consultant) tells me every single day.

1) Always save 70% of your salary during the first 6 months a year and 50% during the other 5 months. (Spend 100% in December's salary). Just forget this money exists. It looks awful, but we can get used to it. This money will be some king of "insurance" if something happen and you need to stay up to 2 years without working (an accident, for example).
This money will also be useful to buy a house, a car or any other expensive project and pay CASH! Those things will be much cheaper. NEVER BUY IN QUOTES BECAUSE WE NEVER KNOW WHAT CAN HAPPEN TOMORROW!.
2) If you have a bonus, a christmas gift or other extra payment. NEVER USE IT!! SAVE 100% of it!
3) ALWAYS have an emergency plan written. Imagine you loose you job today and you're sure you' be unemployed for the next 6 months. Have everything noted, the priorities and the things you can cut (cable tv for example)
4) Always be honest with your boss, let him know it and ORDER him to be honest with you. If your paycheck is delayed, ask immediatelly the reason and offer your help, if it applies. (Of course you'll not help, but it creates a psychologic pressure).
5) If the same delay happens again in the next month, don't think twice. revise your CV and start looking for other job.
JUST quit your job IF you find other position with a salary equal or higher than your actual position.

 

[andrewinorlando]

They do have a legal obligation to pay you on payday. The various state's Dept of Labor handle those complaints. But if this has been a pattern for some time, why would you want to continue dealing with it? If they have lousy cashflow, then they have lousy cashflow. It impacts your life and all the complaints to the Dept of Labor aren't going to change that. A lawyer will cost money and will not really be able to do much more than you can do on your own. Makes Home Depot look good!

 

[launderess]

Home Depot

Is laying off workers and otherwise restructuring. The housing down turn is killing them, and the company wasn't in the best shakes before either.

Will agree however, if cash flow is so poor as to affect payroll, there isn't much a government agency or even a lawyer can do about the matter. I'd see if persons over at Asko (same parent company) are having the same problems. If so you may really think hard about finding another position.

If the company is public, and or listed on any stock exchanges, you can find their financial reports, and give them a good read. Either the company is not selling enough product to make ends meet, or funds are being spent elsewhere. It is also possible they have a horrible accounting department, but that would rank low on the list.

Finally, if vendors and suppliers are also being paid late, or not at all, then you may very well be on a sinking ship.

L.

 

[perc-o-prince]

Hey Chuck,

Having dealt with similar situations before, on the management side as well as the employee side, I would advise you to have a look at the relevant laws/statutes before doing anything else. Odd are, your state Attorney General's office has them online.

Then, if you think you have more questions, or possibly a case, call the AG's office. They'll usually investigate cost-free (what your taxes pay for) and approach the employer about the situation. I'm sure that most of the time this is all the employer needs to straighten out, at least for the short term.

Whatever you do, don't get sucked into buying things this weekend on credit just because they're tax-free. In MA, we have the same thing this weekend, but we're looking at $5 savings on a $100 purchase. How much will it cost in interest on a credit card if you can't pay it off before the statement cuts?

Best of luck,
Chuck

 

[perc-o-prince]

BTW,

NH law calls (perhaps now called, since I'm talking 1990) for a 10% per day late surcharge to be paid to the employee for each day the pay is late in certain circumstances. Worth looking into!

Chuck

 

[sudsmaster]

1) If I wasn't getting paid I'd go file for unemployment insurance. Repeated failure to pay on time might also be cause to quit and collect unemployment insurance.

2) If the company is not deducting for taxes/SS/medicare then it is in SERIOUS violation of federal law. The IRS takes a very dim view of such activity, and will most definitely go after the company owners if these funds have not be remittd on a timely basis. It's even possible that if you were to take the evidence (your paystubs, records of hours, etc) to the IRS you might get a whisleblower award as part of the settlement.

3) I hope you're not making this all up, just to defame Equator.

 

[panthera]

Why would he make something like this up?

Sheesh.
Chuck, I think you have gotten some good advice here - even if the company does (finally) get around to paying you, something is seriously wrong. If you haven't already, you might want to consider something which might influence your decision to look for another job; if they do 'let everyone go', you'll be competing with quite a few people for a limited number of jobs. Maybe best to get out now.
Texas is not known for human, civil or workers' rights, but not paying FISA and the IRS involves agencies which have the teeth and the will to go after these folks.
Have you considered writing to corporate headquarters? Given the way whistle blowers in the US are treated (thanks, Republicans) I'd do it anonymously. They might not know what's going on locally.
Good luck!

 

[mayken4now]

Follow the lead. Get a new position elsewhere. They are out there. Years ago, I got real tired after 22 years of "employers" and all their bullshit and now I am the employer. Found my nitch in Home Repair and Remodel. Been the best thing I ever did. My folks love working for/with me. If I am not a day early on payroll, then it bothers me!

 

[58limited]

"2) If the company is not deducting for taxes/SS/medicare then it is in SERIOUS violation of federal law."

Unless you are a contract employee. If you are contract, then you are responsible for your own taxes - you usually send them to the IRS every quarter.

I would file a complaint with the state, and maybe consult a lawyer. Houston has a great law school (Rice, I think), sometimes law schools have their senior students do free consultations - with faculty supervision of course.

 

[laundromat]

I have aplied at Lowes,Conn's Ikea,The Hilton Hotel and Memorial Hospital.I was fired permanantly from Home Depot regarding a dispute on Price matching.I know 4 a fact I was scapegoated because when u r there 7 years and have not changed your format or practices,they don't just fire you especialy when you're their top salesman in their entire region.I was making $23/hr.and had a great 401K set up.I was putting in lots of o.t. and the sales plumited.I am sure the person who replaced me(if any at all) was making less than half what I was.My store manager was very anti gay.But I at that time was not open to anyone there about my personal life.I at that time had a female room mate(who I miss a lot and felt comfortable with)that worked at Disney World and would meet me there nightly to go dancing at "Pleasure Island"till 3AM.Co-workers of ours would see us together there all the time and assumed we were an "Oreo couple"since she is a woman of color.So,we let their little minds wander.

I was denied the positions aplied for at Ikea and the Hilton but have had 2 phone interviews with H.E.B. a local grocer.I realy want to either get a job in another hospital(I worked at Johns Hopkins for 13 years)or Costco.I hate going to work now.I put in all those hours having to deal with angry customers and repair companies we owe millions of dollars o for services rendered.They'll do the warranty calls and not get paid for months---years in some cases.The guys in India will go as far as giving them an amount and the check number but the dealer/service company,even lawyers who have legal cases with some cliants,call me daily claiming they never got it.Yet Atul on a weekly basis has had these wild catered parties on our jobsite inviting entraprenors(mostly India descent like himself) to come to their art galery,"Shangri-La"
where they have millions of dollarsorth of India art pieces and paintings showing off individualy.They had one thursday but couldn't pay me friday?It was f---ing catered!!!All Indian couisine crap.Maybe I need a new curry er LOL I am thorowly pissed.We have a tax free weekend and I have $100.My cable,phone,electric and medication bills are now past due.AAAAAHHHHHHHHHHH!!!!!!!!!!!!!!!!!!

 

[mihi]

sorry about your situation.....

but I'd definitely speak with the state labor or employment office about it as it doesn't sound right. They can advise you initially.

Good luck though on finding something better so that you'll once again enjoy going to work!

 

[goatfarmer]

Definately time to head for the exit. Make sure you have enough documentation, before you leave, though.

 

[sudsmaster]

Why would he make it all up?

Sheesh, I don't know. People here have done all sorts of strange things, like claiming they have vintage appliances that don't exist, or have crept up on the most dangerous snake in the world to take closeup photos, etc. What are their reasons? I don't really want to know!

But I mentioned the possibility because it just seems a little far-fetched to me to work - as an employee - someplace and not get paid regularly, and also not to have payroll taxes deducted. Something is very fishy about that. But now that he's told us his boss is from India... it's starting to make more sense. I'll have more to share on that particular subject in a few weeks... ;-)

 

[panthera]

Not far fetched

I am self-employed, my teaching position is contractual, not tenured. Whether I return from one semester to the next is based primarily on my job performance. The same for the seminars I lead, the books I write, the works I translate. I'm a hack, to me the most beautiful phrase in the English language begins: 'Pay to the Order of:'
Despite my strictest adherence to the letter of my contracts, the most diligent observance of the fine print in submitting my bills...about 25% are not paid on time. Clients find the most abstruse reasons for delaying payment by one or two billing cycles. Everything, ranging from a missing capitalization in the abbreviation 'GmbH' has been used against me to the fact that I did not directly state the number of days' credit granted...both of which practices are forbidden under German law.
The worst offenders are the big companies, Siemens has never once paid a bill on time, ever.
If someone has been fortunate enough to only work for firms which understand how important prompt payment is, then they might well not understand the consequences for those who actually do live from paycheck to paycheck.
I have found it easier to accept the eccentricities of my fellow members here than to criticize every failure to be exactly as I should like others to be. At any given time, there is going to be at least one hysterical queen who is furious with Toggles, me or one of the other non-PC folks. There is going to be at least one, if not more threads implying the author is well-hung and/or having a secret affair with someone famous...there is going to be at least one frustrated cold-war warrior lying in wait, making lists of commies, reds, socialists and fellow-travelers to send to the G-Men...whole sub-cliques who breathlessly follow the transgressions of those who dare not to follow the party line, members of a certain other collectors' club who scour the fora looking for any reason to be offended and defend their honor...
That's just life.
I've had folks here write to me and ask for clarification or justification or, once or twice, proof. Wasn't offended - just amused or touched. And there have been many times when I suspect those 24cm or what have you might well be, a-hem, resulting from errors in conversion.
But when someone asks for help or advice, states an opinion which is different to mine...hell, I'll work with them until there's reason not to.

 

[passatdoc]

I know someone who was let go from a Home Depot because he had been in the same level position (sales director of a dept) and did not want to advance beyond that to asst mgr or store mgr. He liked his hours the way they were and was earning enough due to his seniority. At Home Depot it was "up or out" and he went "out" because he refused to move "up".

 

[andrewinorlando]

The bottom line is that you have to do what you have to do for YOU, not the company you work for. I was never one for living paycheck to paycheck, that gives your employer too much to hold over your head. I like to be able to say "take this job and shove it", as I stroll out the door, when necessary, if you can't work things out. Slave labor went out back in the 1800s, if I remember correctly???

Chuck, get whatever documentation you can get, call the Dept of Labor, but get out of there as soon as you can, then get advise from an attorney as to whether or not you have a case under Texas law. Who knows?? You may. Just work on getting yourself paid and keep a low profile until then.

 

[sudsmaster]

Keven,

No, it's not far-fetched if one is a contractor and not an employee. However the initial post led me to believe that Chuck is indeed an employee. He mentions a "paycheck" not a "payment due". Also, the IRS tends to take a dim view of situations where the worker has just one client - that tends to establish a employer-employee relationship, if at the same time the worker uses the employer's premises as his main workplace, etc.

I went through all this 15 years ago when I ran my own one-man business. I did everything on the up-and-up. I took out a business license, paid the state every quarter the sales tax due them, and paid all the self-employment (income, ss, medicare) taxes myself as well. Paid all my bills on time. Did my own books (thank god for quickbooks), etc. I was lucky in that most of my clients paid right on time. The only one that didn't, and needed multiple calls from me to pay up, was an accountant! LOL. But it was 1994 and the economy was in recession - business was very slow. I finally got hired on by one of my clients for an offer I'd be crazy to refuse, and folded the business quietly. But not before I took a month off and rebuilt the engine on my '50 Plymouth. It was quite a nice experience, overall - the engine rebuild, that is. Also did some free-lance journalism. Being self-employed was another matter. I liked the freedom but didn't like it when business slowed to a trickle. It's something one can worry about 7x24, and towards the end, I did. So the job offer came along at just the right time.

I don't know if I'd ever run my own business again - it's a combination of "been there, done that" and having a solid business plan at the get go. But if I did start up a business and had a client that didn't pay on time, repeatedly, I'd drop them. Period.

 

[panthera]

Only Game in Town

I can't and won't drop Siemens, they are too valuable as a reference. For the last, goodness!, 16 years, I have billed them 40% above my going rate for everyone else, just because I know I will have to carry them for at least 60 days past due.
You can't always tell your clients to go fcuk off, at least not in as competitive a market as I am in.
So much for the idiots who say Germany is socialist...

 

[launderess]

As The Old Saying In The Garment Trade Goes

And this is not very lady-like, but:

One has to consider if the humping one is getting is worth the humping one is getting.

Sure you can tell a client who pays late and or causes one too much trouble to go and sling their bucket. However a better approach would be to take a page from the credit card companies, and charge all and sundry sort of fees. Fees that serve as a deterent to future bad behaviour (such as paying late, bouncing checks, excessive service calls, etc), and compensate one for one's time and effort.

However will say bullies and thugs in all forms must be put on notice from the start, and stamped out at once. If one allows persons to get one by the short and curlies, it is very hard to shake them off. Better to have the upper hand from the start and let them know who is on top.

L.

 

[sudsmaster]

My first job as a machinist was for a very small dad/son outfit. The son took over the business and hired two employees. He would periodically complain about how his main client wouldn't pay on time - and they are a well known big corporation. I suggested that he charge them late fees, to help persuade them that it was not economic for them to dally, but instead he wrote them a sort of nasty note that I advised against. Oh well, I moved on from there.

 

[launderess]

Have always found that the bigger and or wealthy a client or person is, often will come problems with on time payments.

One will always hear, "oh, it's an accounting/problem with my accountant", or "will check with ...... (whomever is supposed to be paying the bills", and get back to you.

Truth is a fish goes rotten from the head down. The person in charge and or who makes the money knows or should know what is going on, and usually does. Accountants, book-keepers and such get their marching orders from above, not the otherway around.

I say if a person or company ticks one off enough, make them cash only. No tickee, no washee. See how fast they shape up.

L.

 

[sudsman]

Chuck

As a Texas employer for many years I may can give you some info the might help. Call the TWC Texas Workforce Commission and file with them.. You need every thing in writing that you say.. your hire dates and when pay days were promised.. theycan freeze the bank account and pay the employees out of that.. They do move slow.. may take from 2 mons. to 2 years.. Also keep in mind that you may be driving a nail in the coffin. As you may put yourself and all your co workers out of a job.. (They can find out who made the complaint)

On getting a new job.. in Texas now there are many employer web sites the we subscribe to that have moer info on you than you could ever dream possible. From how many police calls have ever been made by you. to your credit score and neighbors comments about you. and medications that you take. All are public records and many larger employers use to make a profile of hire.. Many in this area will not hire a person if they smoke, take certain meds,credit score is below 650 or 625. If you have ever filed a complaint with TWC. that showes up too. Some are also refusing to hire any one that sells anything as amway or avon or the like.. As they dont want them selling on company time.. I have been directed not to hire anyone that credit score is below 625 or if they have ever filed a complaint with TWC . Or smoke. I pay them no mind and do as I wish I dare them say anything to me.. But most go along with their wishes.. Also Some are using a work "score: system you start out with 100 points and for each item they find they dont like they deduct so many points if you dont have enough points you will not be hired.. In Texas you do not have to be given ANY reason for anything. hope this helps