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North Carolina payroll laws.... North Carolina

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  • North Carolina payroll laws.... North Carolina

    My employer is having financial difficulties resulting in the following actions:
    * Paychecks are given out 3 or 4 days late consistently for 4 months.
    * My last paycheck bounced- employer repaid wages and bank fees but Result was 1 week late pay.
    * My 401-K personal contribution from my pay is not being sent in to my plan for 3 or 4 months resulting in 5 or 6% interest for me rather than the 12% rate that my account is currently making.
    * I pay $330.00 per bimonthly paycheck for my family health insurance. My employer let the plan lapse for 2 months without informing participating employees. Plan was reinstated and is retroactive in benefits but I must refile claims and deal with the fallout of late notices and unhappy medical providers.
    Yes- I'm looking for a new job, meanwhile, how much of this behavior is illegal? Employees are never informed in writing or verbally of any of these actions.
    I am stressed out! Thank you for your help!

  • #2
    None of what you have described is good, but if you're looking for a law that will force the employer to straighten up and fly right before you're able to find another job, there isn't one. If the employer fails to pay wages in a timely fashion, you file a claim with your state's department of labor, wage and hour division. If the employer violates ERISA (the law governing 401k and insurance benefits), you file a claim with the federal Department of Labor. All of these would take time to resolve themselves and, if this company is going under, ultimately it may be impossible to recoup any losses that hit when things really hit bottom. The best thing you can do for yourself is aggressively look for another job and take defensive measures for your finances in case you end up without a paycheck (i.e., curtail credit card use now, maximize your insurance benefits while you have health insurance, build your savings, and so forth).
    I am not able to respond to private messages. Thanks!

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    • #3
      Thank you for your reply.

      Very good advice and now, back to the want ads!

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      • #4
        What it boils down to is, if the employer is willing to violate the law in the first place, waving the law under his nose is unlikely to make him change things and might make him mad at you. Sending in the 401k deductions late is something that employers go to jail for in extreme cases, and get big fines for in lesser cases; paying employees consistantly late can cause fines (but won't land the employer in jail). Up to you whether you want to make the reports now or on your way out the door, but the regulatory agency's investigation is not going to be a quick or easy process.
        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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        • #5
          thank you..

          Originally posted by cbg View Post
          What it boils down to is, if the employer is willing to violate the law in the first place, waving the law under his nose is unlikely to make him change things and might make him mad at you. Sending in the 401k deductions late is something that employers go to jail for in extreme cases, and get big fines for in lesser cases; paying employees consistantly late can cause fines (but won't land the employer in jail). Up to you whether you want to make the reports now or on your way out the door, but the regulatory agency's investigation is not going to be a quick or easy process.
          I think I will try to wait to report them until I find a new job. I will probably stop my contributions to the 401-K as well. I am dying to turn them in though. The manner in which they handle their mistakes by not informing us and not apologizing almost makes me madder than the crimes they commit. I guess they are too embarrassed to communicate with the employees resulting in even more anger and resentment than if they would just explain. Thank you so much for your help.

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          • #6
            Sounds like they are having bad cash flow problems. They may be doing the best they can under the circumstances. Lots of different businesses are hurting here in NC right now.
            Bob Bollinger, Attorney
            Board Certified Specialist in NC Workers' Compensation Law
            Charlotte, NC

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            • #7
              Cash Flow problems....

              Originally posted by complwyr View Post
              Sounds like they are having bad cash flow problems. They may be doing the best they can under the circumstances. Lots of different businesses are hurting here in NC right now.
              Of course they are having cash flow problems! but bouncing paychecks, lapsing medical insurance and 401-K contributions, in other words, holding on to monies coming out of our paychecks rather than contributing them to our 401-k accts. and paying for our insurance are all criminal offenses and are far from "the best they can do". Why would you assume this?
              My finances are "hurting" as well. However, I do not bounce checks or buy things that I can't afford. I have had to change my lifestyle due to my current employment/economy...but in no way does my poor bank acct. affect my integrity, honesty, and character.

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