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Delayed or no pay for hours worked - New Mexico

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  • Delayed or no pay for hours worked - New Mexico

    Greetings!


    I am inquiring on behalf of my friend, he pays half my rent

    Situation is as follows: After quitting his previous job, my friend returned to work for a former employer. After submitting an employment application, the employer put him back to work in the same position he had prior to leaving. This employer pays bi-weekly, and as my friend started on the first week of the pay period, no pay was given the first pay week he was employed. No problem here as pay week is week 2 of the pay period.

    Today is payday for my friend so, naturally, he went to pick up his check. Once the store manager realized there was no check, he says, " You didn't fill out your paperwork." Then proceeds to hand my friend a stack of new hire paper work.

    My questions are as follows:

    1. Is there a maximum amount of time an employee can work without pay.

    2. Is the employer acting unlawfully as they did not have my friend fill out the proper paper work (which includes tax related forms, as well as drivers license, registration, and insurance because the job requires operation of a vehicle, and other agreements made between employer and employee)

    3. Most importantly - as rent is already late because of my friends poor decisions (quitting his last job before finding a new one), and will now be later because of this employer, can anything be done to force payment of his hours worked immediately (or within 3 days maximum)


    Any advice would be greatly appreciated - other than get a more responsible friend, haha - I became a great fan of these forums over the past hour here and would also like to thank the experts that contribute.

  • #2
    1. Paychecks must be issued no more than 10 days following the end of the pay period.
    http://www.dws.state.nm.us/dws-qlid.html

    2. Failure to have him fill out another I-9, maybe, but that's not a given since he was a rehire. W-4, no, if the employer doesn't get a new one he could have either used the old one or withheld at Single-zero. Documentation to drive a company vehicle? Depends on the company vehicle insurance policy, most likely.

    3. You say pay week is "week 2" of the pay period. Paying current is rather uncommon for hourly-paid employees. When does the pay period actually end? However, even if the employer IS in violation of the wage payment laws for New Mexico, it's not like they get a claim for unpaid wages and immediately require a check from the employer. It usually takes a good 2-4 weeks for a claim to come up in the queue to be handled.

    Has he filled out all the required paperwork now? IOW, is there any excuse the employer can give for not issuing an immediate check (assuming the regularly scheduled pay date for the pay period just ended has already come and gone)?
    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
      Thank you for the response, it is greatly appreciated - I'll clarify a few things

      He uses his own vehicle, not a company vehicle.

      I didn't mean that "week 2" is of the pay period is also a pay week, I that the first pay day he was employed fell on his actual second day of work. In other words, Pay day was his second week of work AND week 2 of the current pay period.

      He was given all the paperwork at the end of his shift last night and it is now filled out and he is waiting to submit it to the regional manager, as his office is in the store and he will be in today. Hopefully we can get the paperwork faxed to payroll (which is in another state) and get the check next-day aired and avoid eviction.

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      • #4
        If he is driving on company business, even if it is his own vehicle, the company may have some liability there should he cause an accident.

        In any case, I'll keep my fingers crossed for him. Having the employer issue a manual paycheck ASAP is still going to be faster than filing a claim with the state DOL.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Originally posted by Pattymd View Post
          If he is driving on company business, even if it is his own vehicle, the company may have some liability there should he cause an accident.

          In any case, I'll keep my fingers crossed for him. Having the employer issue a manual paycheck ASAP is still going to be faster than filing a claim with the state DOL.
          I figured as much - knowing this company as well as the specific store and area managers from my time as an employee, I'm not surprised by the actions of the store manager as he is extremely irresponsible when it comes to managing his crew. The area manager, however, is outstanding at what he does - with the exception of hiring store managers, I suppose. I'm sure that if the paperwork is submitted to him today, my friend will have a check in hand by tomorrow. I just needed some starting points to prepare for a worst case scenario type of situation. I do GREATLY appreciate the replies and having just taken a management position as an exempt employee myself, I'm sure I'll have more questions in the future

          Cheers!

          Comment


          • #6
            Originally posted by Pattymd View Post
            IOW, is there any excuse the employer can give for not issuing an immediate check (assuming the regularly scheduled pay date for the pay period just ended has already come and gone)?
            I do not know about "excuse" but I can give you a possible explanation. Patty and I have both done payroll for a long time, and when a new hire is not paid 99 times out of a 100 it is because no one bothered to tell Payroll that the employee was hired. If your employer is paying "current", that makes it worse, because Payroll generally has to start processing payroll about a week before the pay date and if a "current" payroll is involved, that means that Payroll is guessing and it is hard to guess correct about an employee that Payroll has never heard of. I have not done a "current" payroll in maybe 20 years and hopefully will never do another one again.

            Past that, some employers allow Payroll to issue correction checks and others do not. The simple truth is that most states do not care (much) if once in a while payroll is issued late, and many employers know that they have a better chance of being hit by lightning then getting in trouble with the state for paying a newly hired employee late. Even California really does not care unless it gets repetative.

            ------

            I agree with Patty. Unless your employer keeps playing games, wait for the check. Also, IMO, sign up for direct deposit ASAP.

            Once you get your first check, then payroll has certainly heard of you and any good payroll department will follow up on those employees they actually know about. Once you get your first check, if you are paid late it is normally because your employer is deliberately messing with you. And it is much harder for the employer to mess with direct deposit then checks.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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