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How long until compensated?

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MelPurvis

Member
What is the name of your state? Pa

The company I work for has moved from bi-weekly to bi-monthly for pay back in August. Salaried staff gets paid straight time for extra hours worked. This has been in effect since 1991. The new payroll system can't handle the extra hours. They were made aware the first pay period that there was a problem. It's been over 45 days since this occurred and they say it might be another month or so before we will be compensated. I can't find any state laws that cover how long they can wait before you are compensated for the time worked. Does anyone know how long or can you provide a link to PA employment laws. Thanks.
 


HomeGuru

Senior Member
MelPurvis said:
What is the name of your state? Pa

The company I work for has moved from bi-weekly to bi-monthly for pay back in August. Salaried staff gets paid straight time for extra hours worked. This has been in effect since 1991. The new payroll system can't handle the extra hours. They were made aware the first pay period that there was a problem. It's been over 45 days since this occurred and they say it might be another month or so before we will be compensated. I can't find any state laws that cover how long they can wait before you are compensated for the time worked. Does anyone know how long or can you provide a link to PA employment laws. Thanks.


**A: and what did the state Dept. of Labor tell you?
 

MelPurvis

Member
I have not found a number (except for unemployment) to call but I saw this yesterday:

Laws and Regulations


Wage Payment and Collection Law
Act of 1961, P.L. 637, No. 329

AN ACT

Relating to the payment of wages or compensation for labor or services; providing for regular pay days; conferring powers and duties upon the Department of Labor and Industry, including powers and duties with respect to the civil collection of wages; providing civil and criminal penalties for violations of the act; providing for their collection and disposition and providing for additional civil damages.

TABLE OF CONTENTS

Section 1. Short Title.
Section 2. Definitions. (Repealed)
Section 2.1. Definitions.
Section 3. Regular Payday.
Section 4. Notification.
Section 4.1. Computation of Wages by Railroads.
Section 5. Employes Who Are Separated from Payroll before Paydays.
Section 6. Unconditional Payment of Wages Conceded to Be Due.
Section 7. Provisions of Law May Not Be Waived by Agreement.
Section 8. Enforcement.
Section 9. Notice to Employer and Penalties. (Repealed)
Section 9.1. Civil Remedies and Penalties.
Section 10. Liquidated Damages.
Section 11. Civil Remedies. (Repealed)
Section 11.1. Criminal Penalties.
Section 12. Repealer.
Section 13. Effective Date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short Title.

This act shall be known and may be cited as the "Wage Payment and Collection Law."

Section 2. Definitions.

(2 repealed July 14, 1977, P.L. 82, No. 30)

Section 2.1. Definitions.

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Authorized representative." An employe of the Department of Labor and Industry who is empowered to perform duties assigned in conformity with all existing laws, rules and regulations administered by the department.

"Check." A draft drawn on a bank and payable on demand.

"Department." The Department of Labor and Industry.

"Employer." Includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this Commonwealth and any agent or officer of any of the above-mentioned classes employing any person in this Commonwealth.

"Fringe benefits or wage supplements." Includes all monetary employer payments to provide benefits under any employe benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001 et seq.; as well as separation, vacation, holiday, or guaranteed pay; reimbursement for expenses; union dues withheld from the employes' pay by the employer; and any other amount to be paid pursuant to an agreement to the employe, a third party or fund for the benefit of employes.

"Secretary." The Secretary of Labor and Industry.

"Wages." Includes all earnings of an employe, regardless of whether determined on time, task, piece, commission or other method of calculation. The term "wages" also includes fringe benefits or wage supplements whether payable by the employer from his funds or from amounts withheld from the employes' pay by the employer.

(2.1 added July 14, 1977, P.L. 82, No. 30)

Section 3. Regular Payday.

(a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employes on regular paydays designated in advance by the employer. Overtime wages may be considered as wages earned and payable in the next succeeding pay period. All wages, other than fringe benefits and wage supplements, earned in any pay period shall be due and payable within the number of days after the expiration of said pay period as provided in a written contract of employment or, if not so specified, within the standard time lapse customary in the trade or within 15 days from the end of such pay period. The wages shall be paid in lawful money of the United States or check, except that deductions provided by law, or as authorized by regulation of the Department of Labor and Industry for the convenience of the employe, may be made including deductions of contributions to employe benefit plans which are subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001 et seq.

It just seems kind of ambiguous. I'm still looking for a contact number.....it's got to be out there somewhere.
The act that deal with penalties has been repealed. (not that we would go that far). Thanks
 

cbg

I'm a Northern Girl
Boiled down, what that means is that you must be paid within 15 days of the end of the pay period. If you are paid b-monthly and the last day of the pay period is September 15, you must receive the check for September 1 through September 15th, by September 30.

If that is not happening, you can file a complaint with the PA Department of Labor and Industry.
 

MelPurvis

Member
Thanks,
I also (finally) located the contact number for Dept of Labor. I hope this lights a fire under them to correct the problem. They knew this would happen before we switched to bi-monthly and since it does not effect them (they are located in Chicago) they don't seem to care. Today they said they might have it corrected by November.
 

cbg

I'm a Northern Girl
It's been a while since I had employees in PA, but I seem to remember that they prefer e-mailed vs. phone complaints. I could be wrong about that; it's been at least two years. But you might want to check their website as well.
 

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