Final pay and paperwork New Mexico

[Paypro]

Hi everyone!

I'm not very familar with NM's labor laws, hoping you experts could help with a few questions.

My son has not received his final paycheck from his last employer, due Sept. 15th, nor have they sent him any paperwork on COBRA or his retirement plans. He has contacted the payroll dept and HR several times, but seem to be getting the run around with no results.

I understand that his final check should have been processed on the next pay run, but it wasn't. I downloaded the form for unpaid wages from NM DOL website and plan to submit this asap, but what about the paperwork for COBRA and his retirement plan? How can we get those documents from them?

[Paypro]

No advise??

bump

[Pattymd]

cbg explains the benefits requirements at termination better than I.

This'll bump it.

[cbg]

Sorry, somehow I missed this one.

They have up to 44 days after the last day of insurance coverage (which is not necessarily the last day of employment) to provide the COBRA information. However, I can't imagine that the last day of coverage was any later than September 30, so no matter how much leeway you give them, it's pretty certain that as of today, they are out of compliance. COBRA violations are reported to the US DOL.

As for the retirement plans, that depends on the terms of the specific plan document. Not all plans require immediate distribution; it could be that the plan allows distribution only quarterly, semi-annually, or even annually. So how long they have to provide forms on the retirement plan can also vary widely. He can mention it to the US DOL and see what they say, but there's no "bright line" for compliance/non-compliance like there is for COBRA.

[Paypro]

Thanks for pointing me in the right direction! I'll ask the US DOL regarding retirement paperwork and see what they say.

[Pattymd]

Originally Posted by Paypro

Thanks for pointing me in the right direction! I'll ask the US DOL regarding retirement paperwork and see what they say.

Before I'd call the DOL, though, I'd review is the Summary Plan Document for the plan. It's 99.999% a given that the information will be in the SPD. Then, if there are questions as to whether this is allowable or not, you could call.

[Paypro]

Hi Everyone!

Need your advice again. Wasn't sure if I should have continued from my orginial posting or begin a new one. So here goes:

We are still in limbo, he contacted the State DOL who referred him to US DOL, because he was a state employee. Does that make a different??? And if it does, who does he talk to? Each DOL he calls, they tell him to call the other...he has calls at different times, different days hoping he can reach someone to help him. I've suggested he file claim with both DOL's and hope one will eventually open a case for him. Any advice?

BTW, he contacted the retirement plan administrator and got the forms online, so that's taking care of.

[Pattymd]

What part of the original question is still in "limbo"?

[Paypro]

Originally Posted by Pattymd

What part of the original question is still in "limbo"?

Sorry Patty, I wasn't very clear (rough Monday ) Who should the wage claim be filed with, State DOL or US DOL? Same as the COBRA issue, although at this point, he doesn't care about violation, all he wants is his final check.

[Pattymd]

http://www.dws.state.nm.us/dws-wagehour.html

[Paypro]

Yep, been at that website already. They are the ones that keep telling him to call State DOL. When he calls there, they tell him to call the US DOL. Back and forth, back and forth.

[Pattymd]

The link I gave you IS the New Mexico DOL.

The Wage and Hour Bureau enforces minimum wage, payment of wages, and overtime labor laws under the Minimum Wage Act. The bureau also enforces the payment of scale wages to laborers and mechanics under the Public Works Minimum Wage Act. The bureau takes claims for unpaid wages from employees and ex-employees under both acts.

[Paypro]

See how frustrating this is! He's called them (website you linked), all three divisions and they told him to call the US DOL since he is (ex) NM State employee. So he calls the State DOL again and they refer him back to the (big guys) US DOL. ERRRRR!

And just think, the Governor of NM is running for President!

[cbg]

Okay, let's try again.

The link that Patty gave you is not for the US DOL. It is for the NM state DOL.

So you have not been in contact with the US DOL at all. When you call the state DOL, it is the same people that are attached to the link.

You need to call the US DOL. NOT the NM DOL. NOT the link that Patty supplied.


And Richardson withdrew from the Presidential race some time ago.

[Paypro]

cbg,

That's what I'm saying, he has called both DOL's. The one in Washington (US) and the one New Mexico (NM) and they keep telling him to call the other!

See how confusing and frustrating this is! I have a headache now...

[Pattymd]

OK, sorry, apparently, the wage and hour laws in New Mexico don't apply to state employees? He could always sue in small claims.

Oh, and I for one am sorry Richardson dropped out.

[Paypro]

Originally Posted by Pattymd

OK, sorry, apparently, the wage and hour laws in New Mexico don't apply to state employees? He could always sue in small claims.

Oh, and I for one am sorry Richardson dropped out.

Patty,

I was actually thinking about small claims court too, glad you mentioned it.

I was swaying towards Thompson and he's out also.

Thanks everyone for your help! Hope I didn't cause anyone headaches, like myself.