Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

First paycheck is short Colorado

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • First paycheck is short Colorado

    I recently started a new job. We punch our time on the computer here. On the first day of training we didn't have our log ins for the time program, so our trainer said they would manually fix it. Each day it still showed no time for the first day. We asked him about it, he said he'd "get with the people who do it". Promised it would be adjusted in time for our first check. We don't have the necessary permissions for that program, so we couldn't update past days for ourselves.

    2 weeks pass, pay cycle ends, still no time punch for our first day. Today comes and we're able to see our first check online. Sure enough, only 72 hours on the check because they haven't recorded us working that first day. According to our trainer they can't promise we'll get the first day pay for over another week! I know 8 hours isn't a lot, but I haven't been working in several months and am a bit desperate for my full check so to pay rent.

    Can they legally do this? If they can I guess I'm screwed, but I don't know much about labor laws, so I wanted to check. We are union employees, but I couldn't find anything in our contract about situations like this. So, what's the legal time frame they have to correct their errors on paychecks?

    Thank you all!

  • #2
    There is no law that says errors must be corrected within any specific period of time.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Well crap. Oh well, it was worth a shot. So, they can just drag their feet? Do they ever have to fix it?

      Comment


      • #4
        I am not expert on Colorado, it is not my state. According to the BNA payroll library (a paid service):

        Penalties/Remedies
        Employers that fail or refuse to pay wages owed are guilty of a misdemeanor and can be fined up to $300, imprisoned for up to 30 days, or both.
        Employers that fail to pay wages without legal justification can be fined an amount determined by the director, but no more than $50 per day for each failure to pay each employee from the date wages first became due.
        In a wage dispute, employers must pay all wages acknowledged to be due. Employee acceptance of this amount does not mean employees have given up their claim to the disputed amounts.
        Employers that discriminate in any manner against employees who have filed complaints, instituted proceedings, or testified in proceedings under the wage laws can be fined up to $500, imprisoned for up to 60 days, or both.
        Colo. Rev. Stat. ยงยง 8-4-113, 8-4-114, 8-4-120

        http://www.coworkforce.com/

        Colorado Labor Standards Office, 633 17th St., Denver, Colo. 80202; (303) 318-8441
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          I knew there was a reason I didn't become a lawyer... that read like jibberish to me ~laughs~ could someone break it down to me in layman's terms please?

          Comment


          • #6
            It is illegal for the employer to refuse to pay you - that's what it all boils down to.

            However, there is still nothing that requires that they fix errors within any specific time frame. They do have to fix it, but there's not drop-dead date that it has to be fixed by.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Ahh, okay. So basically as long as they pay me for that day before I leave the company (or on my last check when I do leave in the future) then they're fine? Oh well. Thanks for the help!

              Comment


              • #8
                Generally speaking, they can drag their feet.

                My practice is to pay small amounts (from errors), on the next check. However if it's significant and the error was the company's, I get a check asap. I don't believe my employees should suffer because of my error.

                Comment


                • #9
                  Originally posted by smkat View Post
                  Ahh, okay. So basically as long as they pay me for that day before I leave the company (or on my last check when I do leave in the future) then they're fine? Oh well. Thanks for the help!
                  No, that's not what cbg said. What she said was there is no LAW that specifies how quickly pay errors must be corrected. They can't just wait until you terminate. Contact your union representative. They should be going to bat for you.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    You might also try giving the State of Colorado a call. At some point I suspect you can file an unpaid wage claim even if you are not terminated.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment

                    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                    Working...
                    X