Is this legal?

[tonilea]

I know it isn't right, but I am wondering if it is even legal.

I work as a substitute teacher. Our pay periods run from 15th to 15th and we are paid on the last working day of the month. Except this month. Payroll has decided to with-hold our checks until all of days from the next pay period - 15th to end of school, June 2, so they only have to do one check.

Unfortunately we had no prior notice, or I could have made arrangements. Now my checking account is over-drawn. I have some bills that auto pay and no reason to suspect I wouldn't be paid on time. I have my budget made up months in advance and tweak it during the month based on my expected pay.

 

[simpilotswife]

I don't believe it is legal. Call your local Dept of Labor.

 

[Darsa]

Wow, legal or not, that's a really crappy thing to do to you!! I'm sorry you're having to deal with that, that's completely unfair.

 

[Handbag Lady]

They need to give X amount of days of notice to change a pay period. Do you have a contract of sorts?

Call the labor board right away.

 

[Bren's Mom]

Arkansas Department of Labor, Wage and Hour Division at (501) 682-4501

Call them, but I'm pretty certain they are in violation and would have to cut you a check immediately. Also I would ask about forcing your employer to pay you whatever fees were caused by their inability to pay you on time in a legal manner (assuming it's illegal).

Good luck!

 

[tonilea]

I am a bit hesitant about calling the labor board...... I really love working at this school. In fact, I am starting school full time in the fall to be a teacher and I would love to work at this school. Regular employees don't have problems getting paid, just subs.

 

[Handbag Lady]

I am a bit hesitant about calling the labor board...... I really love working at this school. In fact, I am starting school full time in the fall to be a teacher and I would love to work at this school. Regular employees don't have problems getting paid, just subs.

You can't get retribution from calling the labor board. They are there to help you. Plus, nothing else will solve this issue if you've already gone to payroll with your issues.

 

[tonilea]

You can't get retribution from calling the labor board. They are there to help you. Plus, nothing else will solve this issue if you've already gone to payroll with your issues.

Thank you. Proving retribution might be a problem.


Oh, and to the PP who asked. No contracts.

 

[Bren's Mom]

I agree.

If you want to fix it, you'll have to call and AT LEAST get the info...even if you don't want to file a complaint. Actually, maybe that's the best course of action.

First get the info, you don't have to reveal who the employer is when you call. Just tell them the situation, including the fact that subs weren't paid but full time teachers were.

If they say it's illegal and that if you file a complaint they'll contact them immediately then thank them for the info and call the payroll office again. Tell them you spoke to X at the Labor Dept Wage and Hour Division and that you have not filed a complaint but they've told you this is not legal. Ask that they please resolve the situation immediately. That might be enough.

If it's not, then file the complaint.

Or don't file the complaint, but then don't complain about it either. It's done then. You chose not to pursue it.

 

[tonilea]

I agree.

If you want to fix it, you'll have to call and AT LEAST get the info...even if you don't want to file a complaint. Actually, maybe that's the best course of action.

First get the info, you don't have to reveal who the employer is when you call. Just tell them the situation, including the fact that subs weren't paid but full time teachers were.

If they say it's illegal and that if you file a complaint they'll contact them immediately then thank them for the info and call the payroll office again. Tell them you spoke to X at the Labor Dept Wage and Hour Division and that you have not filed a complaint but they've told you this is not legal. Ask that they please resolve the situation immediately. That might be enough.

If it's not, then file the complaint.

Or don't file the complaint, but then don't complain about it either. It's done then. You chose not to pursue it.

Bolding mine. I agree with you. Right now I am just trying to figure out my options. I did a Google search, but obviously wasn't using the correct terminology, so I thought I would ask on the DIS.

 

[Mickey's Minion]

I know it isn't right, but I am wondering if it is even legal.

I work as a substitute teacher. Our pay periods run from 15th to 15th and we are paid on the last working day of the month. Except this month. Payroll has decided to with-hold our checks until all of days from the next pay period - 15th to end of school, June 2, so they only have to do one check.

Unfortunately we had no prior notice, or I could have made arrangements. Now my checking account is over-drawn. I have some bills that auto pay and no reason to suspect I wouldn't be paid on time. I have my budget made up months in advance and tweak it during the month based on my expected pay.

It all depends on how the teacher's contract is written. I understand that subs don't have contracts, but at least in our district, everybody else is paid on the teacher schedule. Our district actually does this in December. You get paid early in December due to the winter break and then you don't get your next paycheck for 6 weeks. But it is all spelled out in the union contract, so is allowed. It is on their website under payroll on how the pay periods work.

Is this the first time they have done this? Or is this a common practice in June?

Does the union contract say they can do this?

I would find out if notice is posted somewhere such as the employee part of the district website.

 

[Bren's Mom]

Bolding mine. I agree with you. Right now I am just trying to figure out my options. I did a Google search, but obviously wasn't using the correct terminology, so I thought I would ask on the DIS.

I hope my post wasn't too harsh, it reads that way now that I see it again, but it wasn't my intention.

Honestly, just call Wage and Hour. I'm not in your state, but I've always found them to be helpful (in my state). You aren't even required to give your name, you're just asking a general question. Then you'll know for sure, not just what google or Dis people 'think' is true.

 

[tonilea]

I hope my post wasn't too harsh, it reads that way now that I see it again, but it wasn't my intention.

Honestly, just call Wage and Hour. I'm not in your state, but I've always found them to be helpful (in my state). You aren't even required to give your name, you're just asking a general question. Then you'll know for sure, not just what google or Dis people 'think' is true.

No worries.

 

[golfgal]

I would check any employee site you may have access to as it might have been posted there or elsewhere within "legal" limits. I doubt any employer is responsible for notifying people individually so it might have been posted and you didn't get the information on time???

 

[mamacatnv]

If you don't want to pursue the legal aspects of it, it would not be unreasonable to request the payroll dept. furnish you a letter that you can present to your bank in hopes of having those overdraft fee's reversed.

I am pretty sure they cannot at their will change your pay periods without some sort of notice. Here in NV, pay day policies must be posted for all employees but that is a state law, not sure what your state law is or what Federal law is.

 

[tonilea]

Well, I finally got paid! I also talked to a friend from church (kinda on the down low), who is also the school board president. I don't know if it will do any good, but at least they know.

I did find something on the schools web site stating that pay day for "classified employees" is the last day of the month.