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WV Employer Withholding 1 pay check West Virginia

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  • WV Employer Withholding 1 pay check West Virginia

    I am working for an institution who has in the past and is going to again withhold the "27th" paycheck that exempt employees would be paid this year. They state that we are only to be paid 26 paychecks in the year. Is this a state law? Can they legally write this into their "employee handbook"? When we are paid again, it will be for the regular amount and seems that we are working for free for 1 week out of the year. Any knowledge in this area would be greatly appreciated.

  • #2
    Not legal. File a wage claim with federal or state DOL for unpaid wages.

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    There are 365 or 366 days in a year. If the employer uses a weekly or bi-weekly pay cycle, that means that the year does not have an even number of pay cycles in it. Let's say that Bob is budgeted for $30K annually. If I pay Bob BW, and determine his salary by dividing $30K into 26 pay periods, I get a salary of $1,153.85 per pay period. The problem is that 26 pay periods times 14 days per pay period is 364 days. Meaning that each year we have 1 or 2 days left over. Meaning that once in a while we have 27 pay periods in a year. Employers want to argue that they are pay Bob exactly $30K per year.

    The problem is that is not how the law works. Ever pay period legally stands alone. If done correctly the employer could probably adjust Bob's salary at the beginning of the year to divide it over 27 pay periods. But the employer cannot legally have an unpaid pay period.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you for the knowledge. Can you tell me where I could find the legal verbiage for this? I want to try to get this resolved internally before going externally. I'm afraid the latter will have to happen anyway.

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      • #4
        http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

        http://www.dol.gov/whd/regs/compliance/fairpay/main.htm

        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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