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annualized salary- in violation of 820 ILCS 115/4? Illinois Illinois

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  • annualized salary- in violation of 820 ILCS 115/4? Illinois Illinois

    In the school systems, often times a district will figure a salary by taking the hourly rate times the hours worked and the days to get an annualized salary. They then offer the employee to be paid over 9 months or 12 months so they are paid equal amounts. Is this illegal since 820 ILCS 115/4 states that "ALL wages earned by any employee during a semi-monthly pay period shall be paid to such employee no later than 13 days after the end of the pay period in which such wages were earned" and they are being paid wages during summer that were earned earlier in the year?

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    Annualized salary

    Originally posted by dchris332 View Post
    In the school systems, often times a district will figure a salary by taking the hourly rate times the hours worked and the days to get an annualized salary. They then offer the employee to be paid over 9 months or 12 months so they are paid equal amounts. Is this illegal since 820 ILCS 115/4 states that "ALL wages earned by any employee during a semi-monthly pay period shall be paid to such employee no later than 13 days after the end of the pay period in which such wages were earned" and they are being paid wages during summer that were earned earlier in the year?
    Well, since I don't see a reply I will give this one a whirl. I am by no means an expert in IL law so if someone else who states they have that knowledge posts a reply after mine, by all means go with that. I can tell you that there was a movement many years ago where the educational unions met with school management and determined that allowing employees to have the option of the 9 month or the 12 month payout was beneficial for both parties. Many of the staff found that having equal payments over a 12 month period was easier for personal budgeting purposes. Additionally, District management found that equalizing the payments over the 12 month had budgetary benefits as well. While technically the District might be out of compliance with the law, there may be other statutes which allow the option. If the employees no longer want that option, this should be brought to management's attention and the attention of your shop steward/union president. Keep in mind, however, that in most cases, people like having options. For that reason, make sure that your actions, if any, do not make enemies of your co-workers. Good luck.

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