About a year ago (June 2009) I wrote a post reminding business owners that they must pay employees in a timely manner or run afoul of both federal and state laws. since then I have received many comments on this post - from employees! These employees were not paid and wondered what they should do
I know times are tough, but not paying employees is not the way to avoid cash flow problems. Just to emphasize this point, I asked attorney Michael Helfand to discuss the issue of non-payment of wages/salaries to employees:
Laws Governing Wages - Federal and State
Employers are legally obligated to pay their employees. Most businesses are affected by both state and federal (Fair Labor Standards Act or FLSA) laws regarding pay. These laws set the minimum wage, explain when employees must be paid, establish which employers must pay overtime and which employees are entitled to overtime, etc.
Employee Wage Complaints
If an employee has a wages complaint, whether it's for regular pay, overtime wages, or vacation pay, they have the right to contact their state labor office or state labor board. This often results in an investigation by the labor department, and may lead to a lawsuit against the employer or a loss of a business license. Consequences include not only payment of back pay owed, but may include fines and penalties as well.
Protecting Your Company in Wage Disputes
Employers can protect themselves by keeping good time records, taking wage disputes seriously and attempting to solve a dispute with the employee. If there is a dispute about part of an employee's wages - such as overtime, or an extra day worked - the employer is still expected to pay the undisputed portion when it's due.
Common Pitfalls in Paying Employees
A few things you might not know about paying employees:
- Withholding Without Consent. An employer cannot withhold a portion of an employee's wages without their consent, except for withholdings required by law (FICA taxes, for example)
- Withholding Pay as Punishment. An employer cannot withhold pay as punishment - if an employee violates company policy and leaves on bad terms, they are still owed their full paycheck;
- Last Paycheck. An employee's last paycheck is generally owed on or before the next regular pay day; even if overtime was unapproved, it still must be paid in most cases.
Michael Helfand has been a Chicago attorney since 1997 with a focus on workers' compensation matters. In 2001 he launched a state wide network of like-minded attorneys (FindGreatLawyers.com) who talk in plain English, only pursue legitimate cases and fight for their clients. Mike recognized that the facts of the case should determine who the right lawyer is for a case. His network makes that goal a reality and the 20+ lawyers he partners with state wide have achieved unmatched success for their clients.
Image courtesy Michael J Helfand