QUESTION
Can an employer legally only pay only the full time staff and tell the part timers they would be paid next pay period?
Asked on Nov 03rd, 2012 on Labor and Employment - Oregon
More details to this question:
Due to the hurricane, only one payroll staff person came to work and processed all of the full time employee payrolls. She did not have time to do the part timers so they were told the day before pay date that they would not be paid and had to wait until the next pay period to get paid.
4 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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An employer has the obligation to pay people on schedule. If you wish, you can proceed against the employer before the state agency Division of Labor Standards Enforcement (dubbed "the Labor Board" by most) by starting a Wage Claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm You will NOT be popular with the employer if you elect to pursue this, so while you DO have rights, consider the long-term cost of pursuing those rights.
Answered on Nov 08th, 2012 at 11:09 PM
even if this is not legal, the employer would likely be cut a lot of slack, due to the hurricane, if they were in fact impacted. But, I am supposed to be answering only GA questions. What GA hurricane are you asking about?
Answered on Nov 05th, 2012 at 12:17 PM
Kevin Elliott Parks
You should contact the Oregon Bureau of Labor and Industries and file a complaint.
Answered on Nov 05th, 2012 at 12:17 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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No. Every employee must be paid their full and complete earned wages at each pay period. Based on this information, your employer may have violated Oregon Wage and hour law. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles.
Answered on Nov 05th, 2012 at 12:16 PM