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Sannum Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:14 PM
Original message
Anyone know anything about employment law?
At my job, we were supposed to get our checks on Thursday. On Mhursday, we were told that we would get our checks on Monday, and on Monday, we were told that we will get our checks on Thursday. This is the fourth time this has happened to the employees and I would bet that management has gotten paid already. Is there anything we can do to keep them from doing this to us? I know of three other employees, myself included who are about to revolt or stage a walkout. Any advice is greatly helpful.
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Gman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:21 PM
Response to Original message
1. Check with your state employment commission
However, if you did eventually get paid, albeit it a few days late, I doubt they would do anything. The state usually won't even take a complaint unless the paycheck is over 30 days late.

My advice: ORganize a union there.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:26 PM
Response to Original message
2. It really depends on what state you are in
for instance in California we have a labor board one can go to and the employer is liable for penalties for late payments and failure to pay. One need not be represented by an attorney.
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Sannum Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:29 PM
Response to Reply #2
4. This is Illinois.
All of the employees that I work with are looking elsewhere.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:35 PM
Response to Reply #4
5. Here is your state's dept of labor site concerning collecting wages
it's a pdf document and that crashes my browser at the office...see if your question is answered here:http://www.state.il.us/agency/idol/laws/Law115.htm

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bambo53 Donating Member (558 posts) Send PM | Profile | Ignore Tue Feb-08-05 06:27 PM
Response to Original message
3. I'd bet management didn't get paid either,
Missing payroll is a very bad sign of company solvency.
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pmbryant Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:54 PM
Response to Reply #3
9. Indeed
I suspect it may be time to start looking for a new employer. This one may not be around long.

:shrug:

--Peter
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Nikia Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 07:06 PM
Response to Reply #3
10. I'd demand to know what was going on
If they pay any later than a week after the payroll date, I would advise you and your fellow employees to walk out. I know a couple people who have been in an awful position because their company was in severe financial trouble. If the company goes under, other creditors will likely be paid before you. I've know people who missed getting paid for their last weeks of work.
Do they have equipment or make a product there? Perhaps they would let you take something as collateral. It really is a bad thing to be both out of a job and out a couple humdred or thousand dollars in wages.
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Sannum Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 07:15 PM
Response to Reply #10
12. It is a boutique
It has only been a week and I am lucky enough to not have to live moment to moment, paycheck to paycheck just yet. The other employees are not like that and I am more worried about them and future employees than I am of myself. I am going to make some calls tommorow. I am also going to continue looking for a new job.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:38 PM
Response to Original message
6. go to the state of illinois website
they have all the info and telephone numbers.
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Career Prole Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:52 PM
Response to Original message
7. Does this help?
820 ILCS 115/3) (from Ch. 48, par. 39m‑3)
Sec. 3. Every employer shall be required, at least semi‑monthly, to pay every employee all wages earned during the semi‑monthly pay period. Wages of executive, administrative and professional employees, as defined in the Federal Fair Labor Standards Act of 1939, may be paid once a month. Commissions may be paid once a month. At the request of a person employed by an employment or labor placement agency which, in the ordinary course of business, makes daily wage payments to employees, the agency shall hold the daily wages and make either weekly or semi‑monthly payments. Upon the written request of the employee, the wage shall be paid in a single check representing the wages earned during the period, either weekly or semi‑monthly, designated by the employee in accordance with Section 4 of this Act. Employment and labor placement agencies that make daily wage payments shall provide written notification 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.
(Source: P.A. 89‑364, eff. 8‑18‑95.)


(820 ILCS 115/4) (from Ch. 48, par. 39m‑4)
Sec. 4. All wages earned by any employee during a semi‑monthly or bi‑weekly pay period shall be paid to such employee not later than 13 days after the end of the pay period in which such wages were earned. All wages earned by any employee during a weekly pay period shall be paid not later than 7 days after the end of the weekly pay period in which the wages were earned. All wages paid on a daily basis shall be paid insofar as possible on the same day as the wages were earned, or not later in any event than 24 hours after the day on which the wages were earned. Wages of executive, administrative and professional employees, as defined in the Federal Fair Labor Standards Act of 1938, may be paid on or before 21 calendar days after the period during which they are earned.
The terms of this Section shall not apply, if there exists a valid collective bargaining agreement which provides for a different date or for different arrangements for the payment of wages.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapAct=820 ILCS 115/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Illinois+Wage+Payment+and+Collection+Act%2E
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Anakin Skywalker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 06:52 PM
Response to Original message
8. Any Freeptards Here?
So explain something already! Private employers are supposed to be so great, right? They are entrepreneurs who should be worshipped like gods, right? And yet, what happened to Sannum isn't that rare. Care to defend the extreme adulation for privatization of everything?
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Sannum Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-08-05 07:11 PM
Response to Reply #8
11. Thanks for the info, guys!
I am lucky enough to be in the financial position where this is not leaving me in an emergency situation just yet, but the other gals I work with are really having consequences because of this. They have no right to treat us like this. This is a store of a company based in Spain and I plan to anonymously mail the information I find as a first strike to corprate. I have been there over a month, but I have been told that nobody stays at this store for very long because of the various problems that they have with management. I will do more investigating tommorow and I will also call the company that does the payroll to see if there have been any delays on their end. The other employees are either too naive or too frightened to investigate this, but sometimes someone has to do something.

Thanks again!:hi:
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