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Thread: late paycheck Illinois

  1. #1
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    Default late paycheck Illinois

    I was supposed to get paid last friday....like i do every week. I have direct deposit and it is now sunday and it is still not in my account; in fact no ones money has gotten transfered into their account that has direct deposit. We outsource people to do ur payroll. Our person who sends our hours in and everything to them is supposed to send it in by tuesday of every week, but, did not send them in until thursday. Is this ok for them to do? it says in our handbook that week get paid every friday. also, it didn't happen but what if someone had a bill due and was counting on that money and now got a late fee charged? could they go after the company to make them pay the late fee since they did not pay the employee on time? Just wanted to know for future reference.

    Another question about my paycheck. i started working for the company when they did payroll themselves. Taxes that were taken out were for federal, state, social sec, and meicare. Now that we outsource our payroll we have federal, state, fica, and misc. Is FICA social security and madicare together? I looked it up on wikipedia and that is how I understood it. And waht about the misc. part that is taken out. I thought they had to put on the check what was taken out and what exactly it was for. Can they just put misc? Do I have a right to know what it is for (im assuming i do).

  2. #2
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    From the dept of labor:


    WAGE PAYMENT AND COLLECTION ACT
    Am I entitled to holiday pay?
    No, unless by employment contract or agreement. For more information, click here. 820 ILCS 115/2.

    What can be deducted from my check?

    Only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by law (such as taxes); (2) to the benefit of the employee (such as health insurance premiums, union dues etc.); (3) a valid wage assignment or wage deduction order is in effect; (4) made with the express written consent of the employee, given freely at the time the deduction is made. For more information, click here. 820 ILCS 115/9.


    How often must an employer pay wages?

    Every employer is required to pay all wages earned at least semi-monthly. The wages are to be paid no later than 13 days after the end of the pay period in which the wages were earned. Wages of executive, administrative and professional employees as defined in the Fair Labor Standards Act of 1938, may be paid once per month. Also, commissions may be paid once per month. For more information, click here. 820 ILCS 115/3.


    from: http://www.state.il.us/agency/idol/faq/qawage.htm


    But, no, you cannot go after them if you paid your bills and subsequently incur late fees. The wages are not to be considered as paid, until the funds are in the bank. Direct deposit is a convenience.

  3. #3
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    so i have a right to knwo what the misc. deductions are?

  4. #4
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    and is FICA soc. sec. and medicare together instead of seperate like my old paychecks?

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    Quote Originally Posted by Shep3470 View Post
    and is FICA soc. sec. and medicare together instead of seperate like my old paychecks?
    How do we know? As long as the correct percentage is withheld, there's no problem. Your W-2 must reflect them separately, however.

  6. #6
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    what is the % in illinois that is withheld for fed tax, state tax, soc sec, and medicare

  7. #7
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    The OASDI portion of FICA is 6.2% up to the first $97,500 in subject wages; the Medicare portion is 1.45% with no cap.

    Federal income tax is based on your W-4; there is not a flat percentage. I think IL may have a flat percentage, but unfortunately, the DOR website is down at the moment.

  8. #8
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    Post Late Paychecks

    So what if the company mails your check and it doesnt get to you on time because they mailed it out too late? Is there anything you can do or do you have to deal with it, even though your check didn't get to you by the desiganted payday... It seems that these companies need to see the importance of people literally living paycheck to paycheck and they should be held monetarily responsible when the paycheck doesn't arrive when it should.


    Quote Originally Posted by moburkes View Post
    From the dept of labor:


    WAGE PAYMENT AND COLLECTION ACT
    Am I entitled to holiday pay?
    No, unless by employment contract or agreement. For more information, click here. 820 ILCS 115/2.

    What can be deducted from my check?

    Only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by law (such as taxes); (2) to the benefit of the employee (such as health insurance premiums, union dues etc.); (3) a valid wage assignment or wage deduction order is in effect; (4) made with the express written consent of the employee, given freely at the time the deduction is made. For more information, click here. 820 ILCS 115/9.


    How often must an employer pay wages?

    Every employer is required to pay all wages earned at least semi-monthly. The wages are to be paid no later than 13 days after the end of the pay period in which the wages were earned. Wages of executive, administrative and professional employees as defined in the Fair Labor Standards Act of 1938, may be paid once per month. Also, commissions may be paid once per month. For more information, click here. 820 ILCS 115/3.


    from: http://www.state.il.us/agency/idol/faq/qawage.htm


    But, no, you cannot go after them if you paid your bills and subsequently incur late fees. The wages are not to be considered as paid, until the funds are in the bank. Direct deposit is a convenience.

  9. #9
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    Next time, though, start your own thread with your questions.

    The paycheck isn't required to be in your mailbox ON payday.

  10. #10
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    Quote Originally Posted by moburkes View Post
    Next time, though, start your own thread with your questions.

    The paycheck isn't required to be in your mailbox ON payday.
    And, if your employer offers it, sign up for direct deposit. Solves your problem. The employer has met the requirement of the law if the check is postmarked on or before payday.

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