23 replies to this topic

[iowafreak]

I'm not sure which forum this should be posted in, so forgive me if this is incorrect.

My employer hires an outside group to do handle their human resources, payroll, benefits, etc… this outside company can be really hard to deal with but my employer does not seem to care.

Anyway, we get paid every other Wednesday. In January 2011 we got an email saying since that particular Wednesday was a holiday, payroll could not be processed in time so our paycheck would be deposited on that Thursday. I called my bank and asked how direct deposit works, they said that this issue could be avoided. So from that conversation I determine that the issue is with the company handling human resources. In July of 2011 we have a similar situation come up, however no delay, in fact I got an email from the company handling HR stating that payroll can be processed in one day, so no delay would occur. In October the circumstances where again right for a delay (pay week with Monday bank holiday). However nothing..no delay, no email.

In Jan 2012, another delay. So the only excuse I get is payroll cannot be processed in one day. But I have an email that says it can and two other holidays that prove it can. Monday we got an email (see below):

Please note that due to the bank holiday on Wednesday, July 4th, direct deposit for your next paycheck will be delayed by one day.

I know that some have questioned in the past as to why other accommodations cannot be made to prevent a delay. However, because some hourly employees will be working a full day on Friday, and potentially into the weekend, then payroll cannot be processed until Monday and the bank holiday on Wednesday will push the traditional posting date for direct deposit a day later.

So now I'm just getting flat mad. How can they be so inconsistent about what holidays they do or do not delay our deposit? I have never worked anywhere that has delayed my pay check, nor has anyone else that is working for the same company. So my question is: Who do I start the complain process with? Department of Labor? Attorney General? It might not get me anywhere, but for all the inconsistencies and having an email from the source, there is no excuse for these delays.

I have bills set up for direct withdraw, and these delays do me no good. Fortunately I've always been able to cover them, but some folks just can't.

Any suggestions/advice would be greatly appreciated.

Edited by iowafreak, 28 June 2012 - 07:29 AM.

[Labyrinthine]

First and foremost you need to look to your employee handbook regarding pay when the official payday is on a holiday and/or weekend. It should state how the company will handle such events. If not, and really even if it does, you need to look at your state laws or contact your state labor board and inquire if there are any applicable laws.

Last but not least, you need to make this your employer's problem. They are responsible for paying you and explaining pay policies. They cannot just push this responsibility onto a third party.

[mk_378]

State law usually says that pay must be received within a certain time after the workday when the hours were worked. I think that time is somewhat longer than an exact 14 days though.

[Tigz]

I don't think what they are doing is "illegal" per se, so I don't know how complaining to an outside agency will help.

They could, of course, do "cut off" a day early in order to get the paychecks out the day before the holiday, but then the paychecks will be short a day and will show the extra day on the following pay period' paycheck. I'm not sure how much your coworkers would like that though.

[jolla]

Think of it this way: you are paid every other Thursday and sometimes it's early.

[Tigz]

as for direct drafts for bills, I would get with whatever company and set up the date to not coincide with a pay day....maybe 2 days later.

Or learn when to expect it late, and be grateful when it comes in "early". Since you know next Wednesday is a Holiday, expect it on Thursday, if it goes in on Wednesday, be grateful.

[luckydriver]

this is one area where unions would come in handy, you would be paid that day early if you were union

[beli]

this is one area where unions would come in handy, you would be paid that day early if you were union

Not to start bashing unions.. but I don't belong to a union/never have and when paydays fell on a holiday we were always paid the day before the holiday. Still do even for the company I work for now. It has nothing to do with unions.

Now, when I worked for the temp company that was a different story I do believe it was a day or two later than normal if processing of payroll fell on the holiday but nothing we could do about that.

Edited by beli, 28 June 2012 - 05:22 PM.

[Tigz]

If you work for a place where you have typical routine work days/hours, they can usually pay up front with the expectation that you will indeed be there when you are supposed to be. However, if it is someplace that works odd hours or non routine days/hours then I can see where each time card will need to be done....therefore there would probably be a delay.

[angeleyeskkhr]

Anytime a holiday falls on Friday or Monday prior to my husband's payday (Wednesday), they don't get paid until the following Friday. :shrug: it is what it is.

[breeze]

What jolla said.

[iowafreak]

Thanks for the replies. Our company handbook states our pay period is: "Pay Frequency is bi-weekly. The pay period begins on a Saturday and ends on Friday." So the excuse we are given is not a valid one. Employees should not be working through the weekend for that pay period. It doesn't say Wednesday is our payday, however with the exception of the two delays I already mentioned we have always been paid on a Wednesday. I would think 5 years of Wednesday paydays would mean Wednesday is our payday.

Iowa Code says: An employer shall pay all wages due its employees, less any lawful deductions specified in section 91A.5, at least in monthly, semimonthly, or biweekly installments on regular paydays which are at consistent intervals from each other and which are designated in advance by the employer.

Looks like the Iowa Labor Commissioner is who I need to contact about this, as far as I'm concerned they violated their own policy.

Edited by iowafreak, 29 June 2012 - 06:35 AM.

[Labyrinthine]

Neither of those are very specific, but you can always call for advice on how to handle this. Maybe they have an ombudsman?

I appear to be in the minority here but I don't think it is acceptable to change someone's pay date like that. It happens rarely enough that there really ought to be a way to make it not happen at all.

I put up with a lot of crap at work but would NEVER tolerate someone effing with my pay.

[iowafreak]

Thanks Laby.. That is where my frustration is coming from. It is so inconsistant, it's almost like the only holidays we are delayed are the holidays that payroll feel they want an extra long weekend.

I'm proceeding with the Department of Labor, just to get their opinion on the matter.

Thanks for all the replies.

[pryan67]

at my current job...we get paid 15th and last of the month...if the payday falls on a weekend or holiday, we get paid the workday before (so if the 15th is Sunday, we get paid on the 13th)

if I want to make a change to my deductions, etc...I can do it the day before payday...and it goes through


it's your company that is causing the delay...not the HR place...

[hegemony]

when my official payday is a holiday or weekend I get paid the following business day. my automatic payments work the same way. if mortgage is schedule for the last day of the month and that day is a weekend or bank holiday the debit is not made until the next biz. day.

so are you saying your auto payments process on non-banking days? I've never seen that before.

[iowafreak]

when my official payday is a holiday or weekend I get paid the following business day. my automatic payments work the same way. if mortgage is schedule for the last day of the month and that day is a weekend or bank holiday the debit is not made until the next biz. day.

so are you saying your auto payments process on non-banking days? I've never seen that before.

I dont think my auto pays will withdraw on a holiday. I'm saying that any week that my payweek has a holiday on that Monday my direct deposit is delayed by one day.

So for example say today was a holiday, and my bills are suppose to go out on Wednesday. My check is also suppose to go in on Wednesday, well since the holiday is on Monday my pay will not go in until Thursday, my bills still go out on Wednesday though.

[iowafreak]

Update:

So I had a reply to my inquiry to the State department of Labor. I sent a very detailed email to an executive officer in that department, explaining that it had only happened a couple of times, but it was very inconsistant, and that their exuses for the delay did not seem valid. All if shich are backed by email documentation.

Anyway, I was given a complaint from to fill out, and when she replied she had highlighted some specific parts of Iowa code.

Parts of her reply:

Your employer should be paying you on consistent intervals. If you have a set payday of Friday then you should be receiving your pay on Friday. If your employer has not paid you, a claim form is available on the following link:

Then she shows state code and highlights these two particular sentences in the code:

An employer shall pay all wages due its employees, less any lawful deductions specified in section 91A.5, at least in monthly, semimonthly, or biweekly installments on regular paydays which are at consistent intervals from each other and which are designated in advance by the employer.

3. a. The wages paid under subsection 1 shall be paid at the employee's normal place of employment during normal employment hours or at a place and hour mutually agreed upon by the employer and employee, or the employee may elect to have the wages sent for direct deposit, on or by the regular payday of the employee, into a financial institution designated by the employee.

So although I dont know what's right/wrong with what is going on...it appears that maybe my frustration is deserved and this delay should not be happening.

[luckydriver]

when my official payday is a holiday or weekend I get paid the following business day. my automatic payments work the same way. if mortgage is schedule for the last day of the month and that day is a weekend or bank holiday the debit is not made until the next biz. day.

well that stinks you have to wait a day or 2....you gotta watch your days then..PSECU does things differently..and i prefer it so things arent late. sat/sun holiday go out the day before..also all pays get DD the day before a holiday that is a payday

[hegemony]

when my official payday is a holiday or weekend I get paid the following business day. my automatic payments work the same way. if mortgage is schedule for the last day of the month and that day is a weekend or bank holiday the debit is not made until the next biz. day.

well that stinks you have to wait a day or 2....you gotta watch your days then..PSECU does things differently..and i prefer it so things arent late. sat/sun holiday go out the day before..also all pays get DD the day before a holiday that is a payday

well here is some funny creative accounting...in order to save millions of dollars in the last fiscal year my employer switched pay dates from the last biz day of the month to the first biz day of the following month. so in 2012 I am only getting 11 paychecks...makes adjusting pre-tax assignments more interesting and my net lower for 2012.

[luckydriver]

accounting is the devil!

[mk_378]

well here is some funny creative accounting...in order to save millions of dollars in the last fiscal year my employer switched pay dates from the last biz day of the month to the first biz day of the following month. so in 2012 I am only getting 11 paychecks...makes adjusting pre-tax assignments more interesting and my net lower for 2012.

Isn't income tax based on when the money was earned, not when payday was?

[hegemony]

well here is some funny creative accounting...in order to save millions of dollars in the last fiscal year my employer switched pay dates from the last biz day of the month to the first biz day of the following month. so in 2012 I am only getting 11 paychecks...makes adjusting pre-tax assignments more interesting and my net lower for 2012.

Isn't income tax based on when the money was earned, not when payday was?

payday is what matters for pre-tax contributions. just like paying January's mortgage payment in late December can increase the amount of interest you can deduct in the year ended that december. f

Edited by hegemony, 03 July 2012 - 03:27 PM.

[iowafreak]

Thought I would post another update.

I forwarded that email from the State dept of Labor to my employer. I never heard anything back. I checked my account today to see if my withdraws actually go out on a holiday. And guess what...my check was posted. I'm going to guess that the third party didn't want to go against state code. (They are not based in the state so they might not even know the code, since they have delayed pay dates in the past).

Anyway, I'm glad I dug in and researched.

I also posted in an earlier post that I didn't think my auto withdraws would go out on a holiday. They do, I have two auto's that go out on the 4th of every month, both went out today. So I was wrong, my bank does process auto's on holidays.

Edited by iowafreak, 04 July 2012 - 02:23 PM.