Not paid for vacation days due to payroll error.

[seeker12]

So here's a problem I'm having:

The week of 6/22/09 I took a week's paid vacation (all preauthorized and the appropriate paperwork submitted in a timely fashion c/o my supervisor).

This past Friday (7/10) was my payday. The paid vacation fell into this particular pay period...
I am paid direct deposit, into my WAMU checking account. But I usually recieve my pay stub a day or two before the deposit date. Fortunately, I recieved the pay stub early enough to find out there was a HUGE discrepancy and I was only recieving half of the paycheck that I was entitled to.

I contacted my supervisor, asap and then my district manager. My supervisor inquired about how I could recieve the money by Saturday, or monday at the very latest...and the DM told us that he could expedite it to me if I faxed in my direct deposit slip. I complied, and faxed it asap.

To this date I still have not recieved the check. Turns out, the district manager made a big mistake in the paperwork, and realized it...but did nothing to correct it until Monday Evening despite my efforts to help the process move faster.

According to the DM, the corrected payroll info needs to be sent to the regional office (NJ) and then to the main office in Atlanta, and then they would mail it to me...

In the meantime, I am in a financial bind until that money is recieved. And this constant phone tag with my DM is getting ridiculous.

I am giving my DM until Friday to provide me with the check that he promised; if not, I intend to take legal action.

Is there any course of action you could recommend? Do I need to contact the labor relations board?

 

[cbg]

In what state are you? Not, where is the corporate headquarters, but in what state do you live and work?

 

[seeker12]

I live and work in Pennsylvania.

 

[cbg]

The Department of Labor and Industry is probably your best bet. Keep in mind that in PA, vacation days are NOT considered wages so as far as wage and hour law is concerned, you aren't entitled to payment at all, let alone by any specific time. If you are exempt, this is one of the few exceptions where your salary can be docked; if you are non-exempt, you have no legal expectation of being paid when you did not work. Neither Federal nor state law (in any state) requires paid vacation. There are states where vacation, once earned, is considered wages that MUST be paid out, but PA is not one of those states.

The tactic you want to take is that PA is a follow-your-policy state; the DLI will expect your employer to follow whatever payment methods for vacation are described in your employer's policy and will require them to follow through with it. In PA (and I have a lot of experience in PA even though it's not my state) the DLI does not take kindly to employers who do not adhere to their policy. You'll most likely get a better result with that approach than with the approach that payment is due you by law, because it isn't.

Good luck and let me know if I can help any further.

 

[seeker12]

Thanks! As it turns out, my money was deposited into my checking account today via direct deposit. BUt I'll keep all that in mind incase it ever happens again.

 

[cbg]

Glad to hear it!