Is it legal for my employer to withold my paycheck because they do not have the funds to pay me?
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Is it legal for my employer to withold my paycheck because they do not have the funds to pay me?
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I'm only 17 and it is a part-time job at a non-profit, county-owned theater. I don't know how that effects the situation and the laws or entails but it has gotten rather annoying. My official payday is every other Wednesday but since we're always swimming in debt, they usually don't have the money to pay us (myself and the other ushers.) We are usually given excuses like "None of the board members were around to sign them (our checks)" or "The checks are going to be a little bit late." It doesn't sound legal but then again, I know nothing of how these types of laws work. Any help is appreciated. Thanks in advance.
Additional Details
Thanks for your help everyone. I've been looking for a new job anyway. This isn't the first time this place has screwed me over. My second week of work when I was only 16 i had worked 82 and a quarter hours in 2 weeks time which I know is illegal because it violates the 40 hour per week maximum for minors. They are always telling us they do not need to pay us minimum-wage because they are a non-profit orginization. And I worked for 5+months without working papers untill I had an accident on the job where I inhaled some sulfuric acid they made me use to unclog the drain with. When my insurance company sought worker's comp, they went into a frenzy and demanded all the ushers to hand in working papers becuase they did not have any from any of us.
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Rick B
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Why don't you get another job? |
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mj69catz
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Technically, if they have a stated policy about it, they are supposed to follow their written policy.
You can report them to the labor commission in your area, but may not get very far, as long as they eventually do sign your checks.
Your best bet is to find other employment. |
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tkquestion
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Your question of legality is actually a moot question. Even if it is illegal, to enforce the law, you will have to have the court involved, file a case, and have the judge enter a judgement into the case. Then.... if the employer does not have the fund, he still can't pay. Having a legal right and enforcing it is not the same thing in real life.
Your best course of action is to collect whatever you can and find a new job. |
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Judy
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If they have a policy they should be following it, and making sure that people are available to sign the checks. If they pay you within a few days of the time you're supposed to get paid, it might not be illegal though.
But non-profits are required to pay at least the federal minimum wage, and in most if not all states, if the state has a higher minimum, they have to pay that.. There are minimum wage posters that are required to be posted at your workplace where you can see them. Read them, and unless it says something that exempts them, ask them to show you on the poster where they don't have to pay minimum.
I'd look for another job. And after I got one, I'd report them to the state labor department on the minimum wage issue - you and your co-workers could be eligible for back wages. |
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saulg21
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If this place is county owned and they DON'T have the money to pay you? It would have helped if you had stated what state you live in but look in your phone book and look under U.S. Government. Look for the nearest office of U.S. Department of Labor - Wage and Hour Division.
You and the other ushers need to get your information straight and see if any or all of you have records of all hours you worked and how much they owe you. Next,go in person to the office and ask to speak to an investigator. Tell them what's going on. Good luck. |
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Bindu N
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Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html |
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slimgoodie166
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If they do not have the funds why will hire people knowing they can not pay I thank you need to look for another job fast after you find another job you need to quick because every body want's their money on time you do the work on time you should get pay on time good luck |
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nealeinmi
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If Wednesday is your payday and you don't get your paycheck then the company (for profit or not) has broken the law. |
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