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Not getting paid on payday

Discussion in 'Employment, Labor, Work Issues' started by murflett, Sep 14, 2010.

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  1. murflett

    murflett Law Topic Starter New Member

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    Hello,

    Have a question. Employer comes and says on the day of payday he/she can't pay the employee until 2 days after payday. Is there any law against this or is there anything I can do? Any help would be greatful. Thanks.
     
  2. Patricia_Young

    Patricia_Young New Member

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    How often are you paid? Weekly, biweekly, or semi-monthly?

    And the pay period ended when?
     
  3. army judge

    army judge Super Moderator

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    Yes, in TN, The Department of Labor and Workforce Development enforces wage, hour, and payday laws.

    You can file your complaint with them.

    Your employer appears to be in technical violation of the law.

    A bigger problem could be your employer's continuing insolvency.

    The business might be going bankrupt.

    You might begin a job search, after you file your complaint.

    The Division of Labor Standards may be contacted by calling 615-741-2858 (option 3) or toll-free at 1-866-588-6814.







     
  4. Patricia_Young

    Patricia_Young New Member

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    We don't have enough information to say that yet.
     
  5. army judge

    army judge Super Moderator

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    Tennessee's Wage Regulation Act, Title 50–2–103: Private employers who employ five or more employees are required to establish and maintain regular pay periods. The pay periods must be at least semi-monthly. Penalties may be accessed for violation of this act against those employers who miss a regularly scheduled payday. Employers are not allowed to pay their employees late.

    Employees can file a complaint with the Tennessee Department of Labor and Workforce Development's Division of Labor Standards.




     
  6. murflett

    murflett Law Topic Starter New Member

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    Paid bi-weekly. suppose to be paid on Monday the 13th of Sept. He/she said won't be able to until Wednesday, possibly Thursday of this week.
     
  7. Patricia_Young

    Patricia_Young New Member

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    OK, then theoretically, he is in violation of the law because the regular payday has not been met. Having said that, however, by the time you filed a complaint with the state Dept. of Labor, you will have received the paycheck and probably spent it (grin). It can take weeks for a complaint to be worked.
     
  8. murflett

    murflett Law Topic Starter New Member

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    HaHa!! This has happened before, and I take it this will continue til the company goes bankrupt. It is horrible this happens and they tend to get away with it because, as you said, it takes so long for the complaint to go through. People rely on getting paid on the specific pay period, like myself, especially when there are checks out there! Thanks for your help.
     
  9. army judge

    army judge Super Moderator

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    It has been my experience that when an employer begins missing paydays, BIG trouble is brewing.
     
  10. murflett

    murflett Law Topic Starter New Member

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    Yes, I see that coming. This is a daycare facility and I think the owner runs this like his/her personal check book!
     
  11. army judge

    army judge Super Moderator

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    That makes it worse.

    Day Care centers usually collect their fees in advance.

    They shouldn't have cash flow problems other businesses face.

    In the case of child care facilities, you don't pay in advance, you don't get services.

    Something is out of whack with this place!
     
  12. Patricia_Young

    Patricia_Young New Member

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    Oh, I don't disagree. I'm just being realistic regarding the filing of a complaint with the DOL.
     

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