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Salaried Pay


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#1 stojadis64

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Posted 11 February 2013 - 09:11 AM

I started on the first of the month, worked 6 days, but the pay day was on that Friday. I did not recieve a check untill three weeks later. When I asked about the week from the 1st to the 6th, I was told I was paid appropriately. Is this the normal way a salaried individual is paid? Do I have any legal rights in asking for the pay of that week?
Thank you

#2 NewYorkEmploymentAttorney

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Posted 11 February 2013 - 09:13 AM

I believe they are holding your first weeks pay. It's fairly standard in New York State.
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#3 pg1067

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Posted 11 February 2013 - 09:15 AM

It's a little difficult to address your questions without knowing the following: (1) your state; (2) your salary; (3) the gross amount of your first paycheck; (4) the gross amount of any subsequent paychecks (if different); (5) the frequency with which your employer pays employees; (6) the month in which you started working; and (7) the date of your first paycheck.

#4 stojadis64

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Posted 11 February 2013 - 09:22 AM

State of Wisconsin, salary is $75,000, first pay check was $1,994.97and susequent checks same, the emplyer pays every two weeks Started the 1st of October 2012, first pay check was 10/19/2012.

#5 Fallen

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Posted 11 February 2013 - 09:28 AM

I wouldn't have expected a check on the 5th if that's what you're saying. You don't bother to say what the check indicated, if any, as to the pay period (can't imagine why that check would cover anything other than the period ending 9/30, esp. for salaried workers).

I'd feel free to point out to payroll that you haven't received payment for the first week. If you receive an answer that doesn't make sense, then you're free to file a wage claim with the state labor dept.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 pg1067

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Posted 11 February 2013 - 10:34 AM

It is neither uncommon nor illegal for a payday to occur a week after the close of a pay period. Sounds like that's what's happening here.

Given the information provided, my guess is that you started your employment at the start of a two week pay period that ended on Oct. 12, 2012 and were paid for that period on Oct. 19, 2012.

Obviously, I could be wrong about that, but you should be able to verify that by looking at your Oct. 19, 2012 pay stub. If I am correct, then you were, in fact, paid correctly.

#7 Guest_FindLaw_Amir_*

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Posted 12 February 2013 - 02:19 PM

Have you addressed this matter with your payroll department?




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