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  • Not paid by employer

    I was offered a job by an Illinois company and accepted the position as a full time employee. I was told that I would need to go to Canada for a year or more, I agreed. On 1/10/06, my employer told me that I needed to be in Canada by 1/16/06 ( He knew that I was going to drive up there from Louisiana). On 1/13/06 when I was in Fargo, ND my employer called and said there was a problem with the client not having our visas at the border and told me to standby or wait where I was at until Wednesday, 1/18/06. I ended up waiting as per my employer's directive until 1/27/06. My employer has never paid me anything. Does Illinois Labor Laws allow this from an employer and will the DOL help me in getting paid what I was told that I would be paid. By the way I do have all the specifics in writing and emails from the employer.
    Thanks for whatever help can be passed on. Mike
    Last edited by Mike McNeely; 02-16-2006, 07:34 AM.

  • #2
    Generally speaking, if you are a nonexempt employee, there is no legal requirement for the employer to pay you unless you are actually working, although, IMHO, it would be the right thing to do.

    If you are an exempt employee, and you worked any time during the workweek, you would need to be paid your full weekly salary.

    Do you know which you are? If not, what are your duties in this new position?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Not paid by employer

      I am not for sure what you mean by exempt or non-exempt, but I was to be paid travel at the rate of $0.45 per mile and $165.00 a day per diem and 10 hours a day for 3 days. My work schedule was to be 12 days in a row at 10 hours a day and every over 8 was to be OT. The hourly rate was $33.00. Could you explain to me about the exempt status. Thanks A Bunch! Mike

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      • #4
        Tell us exactly what your job duties will be.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Not Paid by Employer

          I would be performing inspections on piping and vessel at Suncor Plant in Fort McMurray, Alberta. My schedule would be 12 days on and 2 off. 10 hour days with 8 straight time and 2 overtime. I really appreciate your replies. Thank You So Much! Mike

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          • #6
            I have a suspicion that it's Canadian law, not Illinois or even US law, that would be in play here.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Ah, excellent point. Mike, based on the fact that you were in transit to another country, that may throw a wrench into the works. You'd probably be best off at this point contacting the federal DOL directly. 1-888-4USADOL.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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