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Question about the holiday payoff

Date: Sat, 01/06/2007 - 08:50

Submitted by Bossy4455
on Sat, 01/06/2007 - 08:50

Posts: 5854 Credits: [Donate]

Total Replies: 15


If you worked Christmas and New Years and it's in the same pay period(every two weeks), and your boss says they will pay you for one holiday this pay period, then two weeks from now will pay you for the other holiday, is this legal? My sons girlfriend just called, and said her boss is telling her she has to wait two more weeks to get her holiday pay for one of them and it didn't sound right to me, but I'm not up on some of this stuff!..Thanks..Karen :D


I've never heard of that, if it is in the same pay period then she should be paid for both holidays on the same paycheck. I don't know if it would be considered illegal or not, but not a very good way to treat your employees. If I ever have multiple holidays worked or multiple overtime days worked within the same pay period, I get it all on the same paycheck.


lrhall41

Submitted by WHEREAMI? on Sat, 01/06/2007 - 08:53

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Thanks dBaker and Amy!! Yeah, sounded pretty rotten to me,too!! It looks like they are saying,work for me, and in three weeks you'll get paid!! You know, they may be able to get around it by it being a new year. She said they did id last year(she wasn't there) and no one liked it, but said nothing. Everyone is griping, but not saying anything this year either...Karen


lrhall41

Submitted by Bossy4455 on Sat, 01/06/2007 - 09:00

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I have never heard of a company doing something like that--and really don't think legally they can. That's a case of withholding wages with no basis. In California, a person in that situation would have a claim for the labor board. That would almost be like if a person worked 80 hours in one pay period, but the employer decided at the spur of the moment to only pay them for 70! Makes no sense.


lrhall41

Submitted by kscornell on Sat, 01/06/2007 - 09:27

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Here I am!!

Ok..Legally, overtime cannot be withheld, period. This is a $25,000 fine..This stuff is mandated under department of Treasury.

At my job, Christmas and New Year's were 2 different pay periods. I'm willing to bet that's what's going on here, and the payroll person didn't explain that very well.


lrhall41

Submitted by finsfan13 on Sat, 01/06/2007 - 11:11

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Karen , My husbands job was two different pay periods also. Sometimes those pay periods are hard to keep straight. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Sat, 01/06/2007 - 18:42

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Sounds like an accounting thing. My company's complete accounting cycle ends on Dec. 31st. In order to accommodate that, I got half a paycheck the last week of the year (even though I got a check a week before) and I get a half a paycheck on the 10th.

Also, check with your state's labor laws. I live in a state that follows federal employement law, but if you complain at the state level, the state agency won't recognize overtime issues and won't pursue it. To pursue overtime issues you have to go to the Feds and the federal wage and hour division will only recognize overtime at minimum wage. I just went through this for my son and it completely surprised me. We were expecting around $1,000 in unpaid wages and overtime. He ended up getting around $300. The only thing that made it better is that the manager got in trouble for tax evasion (again).


lrhall41

Submitted by DebtFairy on Sat, 01/06/2007 - 19:41

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