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hilady
02-13-2006, 01:59 PM
I left my employer in Dec. 2005 after 11 years. The employer has a policy that when you are first hired, you receive an "advance" paycheck on the first payday after hire for a full 2 weeks of work even if you worked only 2 days, etc. of the pay period. On the second payday after hire, you are paid only what you worked during the first pay period. From there on, paychecks are normal. When you leave the organization, you don't get a final paycheck for your last 2 weeks of work because they say that they already advanced your pay for 2 weeks when you were hired. Throughout employment there, the payroll department "ups" your "advance" to equal your current salary level.
So when I left my employer on 12/31, I didn't get a paycheck for 12/16-12/31 because they said the advance covered that. My last paycheck was for 12/1 to 12/15. Is this legal even though I physically worked for 2 weeks? Shouldn't they have had to deduct my advance only up to the point that I was paid at least minimum wage for the time I worked? Thank you very much.

wwy
02-13-2006, 03:11 PM
So your saying that your employer says that you were paid for your last two-weeks of work ELEVEN YEARS ago??

That sounds a little odd. Am I understanding this right?

hilady
02-13-2006, 03:31 PM
Yes, that's correct. They gave me a 2 week advance at my rate of pay in 1994 when I was hired. They updated my pay whenever I got a raise, and now I don't get a final paycheck even though I physically worked 12/16 to 12/31/05.

wwy
02-13-2006, 03:42 PM
My apologies, but I usually don't reply to these types of questions...not really my domain.

This just peaked my interest, sounds odd.

I would call the Department of Labor in your area. Might take a while for them to get back to you. couple of days, usually. You can e-mail them, also.

I don't know of any law that says you can't be prepaid, but eleven years in advance doesn't make sense. How would taxes play into that?

Like I said, I just wanted to clarify. I'm sorry I can't answer for you. Check back here & see what other posters have to say.

And let me know what the DOL says. I'm curious.


Dept. Phone Directory

Contact Information
Princess Ruth Keelikolani Bldg.
830 Punchbowl Street
Honolulu, HI 96813
Ph: 808 586-8842
Fax: 808 586-9099
Email: dlir.director@hawaii.gov


www.hawaii.gov/labor

hilady
02-13-2006, 08:29 PM
Thank you very much. I will contact the Dept. of Labor here and see what they say. I will definitely post what they tell me. Aloha.


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