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Changes to PayDate and amount Illinois

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  • Changes to PayDate and amount Illinois

    I have a few questions to ask if anyone can point me to laws that would be great or if they know the answer that would help too.
    1) Can an employer change the date of payroll with out notice? if notice is required how long? can employer change this date several times a year? and can they extend the days between pay dates?
    2) Can employers change pay amount without notice? if notice is required can it be the day of pay or is there a date they must do it by?
    3) Does the employer need to know the reason why a vacation day or sick day or personal day is requested? Is there privacy laws that protect the reason for not being able to attend work on a day?
    any help on these are greatly appreciated. i have looked on this site and couldnt find answers to this.

  • #2
    Originally posted by j2205
    I have a few questions to ask if anyone can point me to laws that would be great or if they know the answer that would help too.
    1) Can an employer change the date of payroll with out notice? if notice is required how long? can employer change this date several times a year? and can they extend the days between pay dates?
    2) Can employers change pay amount without notice? if notice is required can it be the day of pay or is there a date they must do it by?
    3) Does the employer need to know the reason why a vacation day or sick day or personal day is requested? Is there privacy laws that protect the reason for not being able to attend work on a day?
    any help on these are greatly appreciated. i have looked on this site and couldnt find answers to this.
    I only have the answers to question 2 and 3. They can change the amount that you get paid, but you must be notified before you work the hours with that pay, in other words, you can not find out that you are getting paid less per hour, simply by getting your check and seeing it that way.

    An employer has every right to ask what they sick and vacations days are for, there is no law that protects you from having to tell them when they ask. They can in fact, refuse to give you the sick or vacation day, if you do not.

    I am not sure about changing the pay periods so often, maybe another senior member can answer that for me. I hope the little information I had helps you.

    Comment


    • #3
      The only restriction I could find for Illinois employers is:

      (820 ILCS 115/4) (from Ch. 48, par. 39m‑4)
      Sec. 4. All wages earned by any employee during a semi‑monthly or bi‑weekly pay period shall be paid to such employee not later than 13 days after the end of the pay period in which such wages were earned. All wages earned by any employee during a weekly pay period shall be paid not later than 7 days after the end of the weekly pay period in which the wages were earned.


      So long as the employer meets the timely payment of wages as required by the above, it appears that it can change the precise number of days when the payment is made. To do so without advance notice is stupid. Not illegal, but the company is just asking for trouble with employees counting on being paid only to find it won't happen when they expected. This could result in financial problems for the employees. Bad news.

      I would not get terribly excited if the employer extends the time, say from four days after the end of a bi-weekly pay period, to five days and does that just once. There could be a good reason to do so (such as to ensure that a payroll processor has the time to complete the payroll and deliver the paychecks). If the changes in dates happen frequently, and keep getting later, the company may be having some serious cash flow problems and that is not a good sign. Of course, the statute limits how long after the pay period the employer must pay the employees, so, once that limit is reached, then it won't get any worse.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        Thank you for your replys. i am more concerned with the pay date issue. i understand that they can establish the date at any time after you work the hours. But after the date is established is there proper notification required before the date can change. Such as you are to be paid on the 15th of the month it has been that was for 7 months now on the 15th you are told that you will not get your check on the 15th but on the 18th from now on and proir to the 7 months it was on a bi weekly now it is a bi monthly. I understand the initial change but now it just seams rediculous that they would keep changing it in the year and without notice. as for the wage thing do you have any law number that references this that the wage can not be changed after the hours have been worked? thanks again guys.

        Comment


        • #5
          I did some more digging and found

          (820 ILCS 115/10) (from Ch. 48, par. 39m‑10)
          Sec. 10. Employers shall notify employees, at the time of hiring, of the rate of pay and of the time and place of payment. Whenever possible, such notification shall be in writing and shall be acknowledged by both parties. Employers shall also notify employees of any changes in the arrangements, specified above, prior to the time of change.


          So, yes, the employer has to notify you in advance of a change in the date/time/place of payment AND, before changing the rate of pay.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            OP, you are welcome to make a copy of this page, and give it to your boss, at least that way, he/she will know that you are inquiring about this, and that you WILL know if the law is being broken. Please contact your states Department of Labor, about the changes that have allready been made, without proper notification. Good luck to you, and please let us know how this works out.

            Comment


            • #7
              thanks again guys for your help on this matter. i find it odd that even the way the law is written there is no limit on the time that this can change because lets say you are to be paid at 5:00 on the 15th as long as they notify by 4:59 of the paydate change that could be classified as a prior notification. kinda silly. also turbo on the issue of being paid do you know of the law number that says something about being paid a specific amount and that can not change untill hours are worked after notification. basically your answer to question 2. thanks again guys. you are a lot of help.

              Comment


              • #8
                I think Scott did above. He even answered the question of if it could be changed without notification. Read the info in blue.

                Comment


                • #9
                  Originally posted by j2205
                  thanks again guys for your help on this matter. i find it odd that even the way the law is written there is no limit on the time that this can change because lets say you are to be paid at 5:00 on the 15th as long as they notify by 4:59 of the paydate change that could be classified as a prior notification. kinda silly. also turbo on the issue of being paid do you know of the law number that says something about being paid a specific amount and that can not change untill hours are worked after notification. basically your answer to question 2. thanks again guys. you are a lot of help.
                  I don't disagree that some laws may be "silly". The problem is that many states put little to no emphasis on labor code. As such labor related issues rarely make way to the legislative agenda. Even the recent issue of raising the Federal minimum wage did not garner enough support to pass. My point is that lawmakers have their priorities elsewhere. Labor code is not at or near the top of the list. And even if it were, it would be hard to create a law that took into account every possible situation. While your example of changing paydate 1 minute before checks are normally handed out is "probably" legal, any prudent employer would not initiate such a policy.

                  Comment

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