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Independant sales associate
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Why is he withholding your paycheck? I am unaware of any labor law that allows for this practice and in the absence of some agreement that you have made. cbg here might have a better insight into what might possibly be a more recurring practice than is palatable.
army judge
Super Moderator
Employers can't legally withhold EMPLOYEE paychecks in any state for 90 days.
That said, please clarify your working situation. Were you an employee or an independent sales contractor?
If you're a contractor of some sort, your answer lies in a small claims lawsuit.
If you were an employee, you can file a complaint with: IL DOL
http://www.illinois.gov/idol/Pages/Complaints.aspx
http://www.illinois.gov/idol/Pages/Complaints.aspx
Betty3
Well-Known Member
If you are actually an independent contractor - a sales associate "can be" an IC but aren't always. If you are an IC, you should have a contract. What does your contract say? Labor law does not apply to an IC.
Why is your check being held? Is your "employer" waiting to be paid by a client before paying you?
If you don't get your pay, you can sue in small claims court if the amount qualifies. (otherwise a higher court) The federal DOL & your state DOL do not take wage claims/complaints for ICs.
Why is your check being held? Is your "employer" waiting to be paid by a client before paying you?
If you don't get your pay, you can sue in small claims court if the amount qualifies. (otherwise a higher court) The federal DOL & your state DOL do not take wage claims/complaints for ICs.
Betty3
Well-Known Member
If (when) you're an employee, the following wage payment law applies in Illinois:
An employer must pay employees all wages due at least twice per month. Wages of executive, administrative and professional employees, as defined in theFair Labor Standards Act (FLSA), may be paid once a month. Commission may be paid once a month. An employee employed by an employment or labor placement agency which makes daily wage payments to employees may request in writing that their wages be paid either weekly or twice per month. Employment and labor placement agencies that make daily wage payments must provide written notice to all daily wage payment employees of the right to request weekly or semi-monthly checks. The employer may provide this notice by conspicuously posting the notice at the location where the wages are received by the daily wage employees. 820 ILCS 115/3 An employer who pays wages twice per month must pay its employees within 13 days of the end of the pay period. An employer who pays wages once per week must pay employees within 7 days of the end of the pay period. An employer who pays wages on a daily basis must pay employees on the same day the wages are earned, insofar as possible, but no later than 24 hours after the day on which the wages were earned. An employer paying executive, administrative and professional employees monthly must pay wages with 21 calendar days after the end of the pay period.
An employer must pay any employee who is absent at the time fixed for payment, or who for any other reason is not paid at that time, within a period of 5 days after the time fixed for payment. If the wages are not paid within 5 days, the employer must pay the employee within 5 days after the employee demands payment. Payment to the absent employee
shall be made by mail if the employee so requests in writing. 820 ILCS 115/4
An employee can file a wage claim/complaint with the Il. DOL - army judge gave a link. (This post is a follow up to my post above.)
An employer must pay employees all wages due at least twice per month. Wages of executive, administrative and professional employees, as defined in theFair Labor Standards Act (FLSA), may be paid once a month. Commission may be paid once a month. An employee employed by an employment or labor placement agency which makes daily wage payments to employees may request in writing that their wages be paid either weekly or twice per month. Employment and labor placement agencies that make daily wage payments must provide written notice to all daily wage payment employees of the right to request weekly or semi-monthly checks. The employer may provide this notice by conspicuously posting the notice at the location where the wages are received by the daily wage employees. 820 ILCS 115/3 An employer who pays wages twice per month must pay its employees within 13 days of the end of the pay period. An employer who pays wages once per week must pay employees within 7 days of the end of the pay period. An employer who pays wages on a daily basis must pay employees on the same day the wages are earned, insofar as possible, but no later than 24 hours after the day on which the wages were earned. An employer paying executive, administrative and professional employees monthly must pay wages with 21 calendar days after the end of the pay period.
An employer must pay any employee who is absent at the time fixed for payment, or who for any other reason is not paid at that time, within a period of 5 days after the time fixed for payment. If the wages are not paid within 5 days, the employer must pay the employee within 5 days after the employee demands payment. Payment to the absent employee
shall be made by mail if the employee so requests in writing. 820 ILCS 115/4
An employee can file a wage claim/complaint with the Il. DOL - army judge gave a link. (This post is a follow up to my post above.)
lda01
New Member
This may have been covered above, but I am aware that in many industries sales commissions are not paid until payment is received by the employer. In some industries like printing, construction or real estate, this may indeed be months. They base this on the premise that the commission is not earned until the bill is paid.
Betty3
Well-Known Member
That's kind of what I was trying to say in my post (post #4 above) - second paragraph.
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