Employer can't meet payroll

[hopenotsol]

What is the name of your state?What is the name of your state?What is the name of your state?NY
Our employer is having financial problem and has not meet payroll in the last 6 weeks (bi-weekly payroll). He did pay us 50% of one payroll and later paid another 50%, but currently is 2 full payrolls (4 weeks) behind.

He claims insurance and tax deposits are up-to-date.

What actions, if any can I take? Are there any rules/laws regarding payment of salaried staff? - Thanks

 

[cbg]

"What actions, if any can I take?"

You can file a complaint with the state DOL.

"Are there any rules/laws regarding payment of salaried staff?" Yes. Payment must be made, and on time. Whether you are salaried or hourly does not matter; he must pay you within the time frames set by your state. This isn't like M*A*S*H* when the officers have to wait till all the enlisted men are paid. You work, you get paid. Simple as that.

 

[hopenotsol]

Thanks for prompt reply. Unfortunately, it looks like I do not qualify for filing with NYS DOL. (excludes wages over 600/wk in NY). Is there any other way to legally/ethically bring pressure to pay their employees. They wait until payday and then announce that there is no money, but expect everyone to keep working.

Should they recover, is there anyway to expect interest on delay (we are financing their business) or reimbursement or late fees and overdraft expenses?

It's a very uncomfortable position...

 

[Beth3]

Unfortunately, it looks like I do not qualify for filing with NYS DOL. (excludes wages over 600/wk in NY). That's bizarre. If that's the case though, then I suggest you contact the federal Department of Labor, who have federal level jurisdiction, and see if they can assist. 202-693-4650