Hello. I work as a low-level manager for a department of a major
Massachusetts university. Part of my job (and that of lots of other
people who work with me) involves hiring hourly, temporary workers for
short term projects. A recent overall of the university payroll
system has created a situation (hard for me to understand the details
of) where it's nearly impossible to get someone paid until a least two
months after they've worked. Apparently, everyone has to be put into
this system, which has a huge backlog, and then they can be paid.
Folks put into the system "expire" after a couple of months so they
have to redo their I-9's, etc and wait several weeks again if you hire
them again a couple fo months later.
My question is: is this legal? I ask because I'd like the university
HR to clean up their act, as it's totally humiliating and wrong to
have to defend this clearly screwed up system to people I've hired.
But there's a huge beauracracy associated with a large university and
hard to change things or assign blame. There is a somewhat powerful
union here, that occasionally takes up causes for temporary workers,
but not often. But I wondered if there is a law anywhere that says
you have to be paid for work that you do within a certain time frame?
Or anything else that applies? Any advice is appreciated, thanks
dina
Richard
07-08-2003, 12:32 PM
"dina" <dgjertsen@hotmail.com> wrote in message
news:6f915a73.0307081052.6d35d642@posting.google.c om... Hello. I work as a low-level manager for a department of a major Massachusetts university. Part of my job (and that of lots of other people who work with me) involves hiring hourly, temporary workers for short term projects. A recent overall of the university payroll system has created a situation (hard for me to understand the details of) where it's nearly impossible to get someone paid until a least two months after they've worked. Apparently, everyone has to be put into this system, which has a huge backlog, and then they can be paid. Folks put into the system "expire" after a couple of months so they have to redo their I-9's, etc and wait several weeks again if you hire them again a couple fo months later. My question is: is this legal? I ask because I'd like the university HR to clean up their act, as it's totally humiliating and wrong to have to defend this clearly screwed up system to people I've hired. But there's a huge beauracracy associated with a large university and hard to change things or assign blame. There is a somewhat powerful union here, that occasionally takes up causes for temporary workers, but not often. But I wondered if there is a law anywhere that says you have to be paid for work that you do within a certain time frame? Or anything else that applies? Any advice is appreciated, thanks dina
This is not legal advice, just an opinion.
My understanding of federal laws is that you have to pay within two weeks.
This was changed years ago because at the time the law only said you had to
be paid, but not when.
It could be that there are exemptions that apply to universities.
You'd have to check with your local "wage and hour division" to get the
actual skinny on the law.
You might also want to bring this matter up to the school board and let them
know about the pitfalls of the system.
Would you want to wait for 3 months for a paycheck and bust your *** off in
the mean time?
Bob Stock
07-08-2003, 05:35 PM
On 8 Jul 2003 11:52:59 -0700, dgjertsen@hotmail.com (dina) wrote:
Hello. I work as a low-level manager for a department of a majorMassachusetts university. Part of my job (and that of lots of otherpeople who work with me) involves hiring hourly, temporary workers forshort term projects. A recent overall of the university payrollsystem has created a situation (hard for me to understand the detailsof) where it's nearly impossible to get someone paid until a least twomonths after they've worked. Apparently, everyone has to be put intothis system, which has a huge backlog, and then they can be paid.Folks put into the system "expire" after a couple of months so theyhave to redo their I-9's, etc and wait several weeks again if you hirethem again a couple fo months later.My question is: is this legal?
State law:
"Employers must pay their employees within six days of the end of the
pay period during which the wages were earned if the individual was
employed for five or six days during the pay period."
"Every person having employees in his service shall pay weekly or
bi-weekly each such employee the wages earned by him to within six
days of the termination of the pay period during which the wages were
earned if employed for five or six days in a calendar week."
http://www.state.ma.us/legis/laws/mgl/149-148.htm
and
"Whoever violates this section shall be punished or shall be subject
to a civil citation or order as provided in section 27C."
Id.
Federal law:
"The FLSA requires that an employer pay each employee a minimum wage
set by the Act. 29 U.S.C. § 206. Section 206(b) mandates that 'every
employer shall pay' employees the minimum wage if 'in any workweek
[the employee] is engaged in commerce.'"
Biggs v. Wilson, 1 F.3d 1537, 1539 (9th Cir. 1993).
"We therefore hold that state officials' failure to issue the class's
paychecks promptly when due violates the FLSA. Paychecks are due on
payday. After that, the minimum wage is 'unpaid.'"
Id. at 1544.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
Richard
07-08-2003, 06:38 PM
"Bob Stock" <bstock@mindspring.com> wrote in message
news:4fnmgvk46fhkloasnbcm74jt7v44406i2u@4ax.com... On 8 Jul 2003 11:52:59 -0700, dgjertsen@hotmail.com (dina) wrote:Hello. I work as a low-level manager for a department of a majorMassachusetts university. Part of my job (and that of lots of otherpeople who work with me) involves hiring hourly, temporary workers forshort term projects. A recent overall of the university payrollsystem has created a situation (hard for me to understand the detailsof) where it's nearly impossible to get someone paid until a least twomonths after they've worked. Apparently, everyone has to be put intothis system, which has a huge backlog, and then they can be paid.Folks put into the system "expire" after a couple of months so theyhave to redo their I-9's, etc and wait several weeks again if you hirethem again a couple fo months later.My question is: is this legal? State law: "Employers must pay their employees within six days of the end of the pay period during which the wages were earned if the individual was employed for five or six days during the pay period."
http://www.ago.state.ma.us/labor/ques.asp?section=16&head2=Payment+of+Wages&
head3=FAQs See also: "Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned if employed for five or six days in a calendar week." http://www.state.ma.us/legis/laws/mgl/149-148.htm and "Whoever violates this section shall be punished or shall be subject to a civil citation or order as provided in section 27C." Id. Federal law: "The FLSA requires that an employer pay each employee a minimum wage set by the Act. 29 U.S.C. § 206. Section 206(b) mandates that 'every employer shall pay' employees the minimum wage if 'in any workweek [the employee] is engaged in commerce.'" Biggs v. Wilson, 1 F.3d 1537, 1539 (9th Cir. 1993). "We therefore hold that state officials' failure to issue the class's paychecks promptly when due violates the FLSA. Paychecks are due on payday. After that, the minimum wage is 'unpaid.'" Id. at 1544. ------------------------------ Bob Stock, California Attorney Nothing I've said should be relied on as legal advice. ------------------------------
Can we say "Ruh roh looks like somebody's gonna get fried"?
Alas poor yorik, if this school is a state institution, then trying to get
the school to conform to state law is like fighting windmills. After all,
state institutions do as they damn well please.
DE
07-08-2003, 08:00 PM
Richard wrote: "Bob Stock" <bstock@mindspring.com> wrote in message news:4fnmgvk46fhkloasnbcm74jt7v44406i2u@4ax.com... On 8 Jul 2003 11:52:59 -0700, dgjertsen@hotmail.com (dina) wrote:Hello. I work as a low-level manager for a department of a majorMassachusetts university. Part of my job (and that of lots of otherpeople who work with me) involves hiring hourly, temporary workers forshort term projects. A recent overall of the university payrollsystem has created a situation (hard for me to understand the detailsof) where it's nearly impossible to get someone paid until a least twomonths after they've worked. Apparently, everyone has to be put intothis system, which has a huge backlog, and then they can be paid.Folks put into the system "expire" after a couple of months so theyhave to redo their I-9's, etc and wait several weeks again if you hirethem again a couple fo months later.My question is: is this legal?State law:"Employers must pay their employees within six days of the end of thepay period during which the wages were earned if the individual wasemployed for five or six days during the pay period." http://www.ago.state.ma.us/labor/ques.asp?section=16&head2=Payment+of+Wages& head3=FAQsSee also:"Every person having employees in his service shall pay weekly orbi-weekly each such employee the wages earned by him to within sixdays of the termination of the pay period during which the wages wereearned if employed for five or six days in a calendar week."http://www.state.ma.us/legis/laws/mgl/149-148.htmand"Whoever violates this section shall be punished or shall be subjectto a civil citation or order as provided in section 27C."Id.Federal law:"The FLSA requires that an employer pay each employee a minimum wageset by the Act. 29 U.S.C. § 206. Section 206(b) mandates that 'everyemployer shall pay' employees the minimum wage if 'in any workweek[the employee] is engaged in commerce.'"Biggs v. Wilson, 1 F.3d 1537, 1539 (9th Cir. 1993)."We therefore hold that state officials' failure to issue the class'spaychecks promptly when due violates the FLSA. Paychecks are due onpayday. After that, the minimum wage is 'unpaid.'"Id. at 1544.------------------------------Bob Stock, California AttorneyNothing I've said should be relied on as legal advice.------------------------------ Can we say "Ruh roh looks like somebody's gonna get fried"? Alas poor yorik, if this school is a state institution, then trying to get the school to conform to state law is like fighting windmills. After all, state institutions do as they damn well please.
As someone who's suffered this elsewhere, I'd have to ask: do these
people qualify as "employees" under these statutes?
He says "hourly, temporary workers for short-time projects"; wouldn't
those qualify as contract workers, who are not covered by these niceties?
Just wondered, as it is not at all unusual for one particular law school
to take at least a month to pay me, even though my written
(signed-by-them) contract for services and invoices say within 5 days of
invoice.
