Employer has not been paying health benefits...

[wesley90]

What is the name of your state (only U.S. law)? Maryland

I work for a union sheet metal company and they have not paid my health benefits since September of this year and my health insurance was terminated as of November 1st. I faxed the termination letter that I received to my employer and they said that they paid it and to go to the union hall about it. I talked to a business agent at the union hall and they said that they don't even touch health fund money and that he would look into it. Well it has been a month since I first talked to him and he will no longer return my phone calls. I am tempted to go to the state about it but the only thing keeping me from telling them is that this company has been known for black balling people who so called turn them in to the state. They are supposed to pay $7 for every hour that I work to the health fund so as you can imagine the amount that they owe for my health fund benefits is already in the thousands. Does anyone have any suggestions? If I were to switch companies within the union could I sue them for that money that they haven't paid?

Thanks.

 

[cbg]

Very important question:

Do YOU Pay anything for the health insurance? Is any money deducted from your paycheck? I understand about the employer paying into a fund, but your options are different if there are payroll deductions.

 

[commentator]

When you "turn them in to the state" the state does not come in and say, "Hey, we're here to check because Joe Worker , Social Security number (*&^-*&**& reported you!" If you are not dumb enough to tell them you're turning them in, or to brag to your co-workers that you've called in the state on these people, they will not know who has called them, and the results are just the same. They will check on what's going on.

Unfortunately, most people who turn in their employers have already mouthed about the situation and complained and discussed it so long with everyone in the workplace that they have no doubt in their minds who turned them in. Don't do that. Resolve your difficulties professionally and using reason and not hot air.

 

[wesley90]

Technically, yes, according to the wage scale sheet, I make a total of $27/hr as a "package." This includes 401k, etc. On the other hand, my hourly rate is like $18.56, so nothing regarding my health fund is deducted from that. I hope that answered you'r question.

Also, when the state came by and asked me if I was satisfied with my wages I asked if it could be made anonomous, and he said no that they needed my name so that they knew who they were investigating. If the state calls the company I work for and asks why they haven't made any payments to my health fund, then I think it would be obvious that I turned them in.

Thanks.

 

[OHRoadwarrior]

I suggest you file a grievance.

 

[cbg]

If there is an actual deduction taken out of your pay that represents a portion of the health insurance premium, that is a violation of a Federal law called ERISA and you would contact the US DOL.

If the premium is paid out of the fund for which contributions are made by the employer on your behalf, that is a union issue and you would need to work through the union. If the union fails to address the issue, you would go through the NLRB.

 

[commentator]

Obviously the state needs your name so they can see who to investigate if they have a complaint to investigate. However it is usually their practice to check on a series of names and social security numbers, or for example, to ask to see the records of several individuals in your particular grade and job title. This protects anonymity, and also verified whether or not they are treating all the employees the same, or are singling you out.

 

[wesley90]

Here as a pic of my wage scale sheet, sorry about the blurryness, but I outlined the health fund part. At the top it says base wage per hour is $18.53 and that my total package is $26.86 per hour.

http://i1089.photobucket.com/albums/i351/docwesley90/121222_004_zpsa6395a8a.jpg

So which one of those two options would that classify me in CBG?

Thanks.

 

[cbg]

Due to the limits of the site, currently, I cannot access your link.

"Total package" is meaningless for this purpose. Let me try again.

If you are paid by multiplying $26.86 per hour by the number of hours you worked, and then subtracting $7 per hour for health insurance premium, and then subtracting taxes, then scenario one applies.

If you are paid by multiplying $18.53 by the number of hours you worked, and in addition to that your employer makes a contribution of $7 per hour to a health fund over and above your pay, then scenario two applies.

From everything you have posted and from my own experience with union employers making contributions to a health fund, then my best opinion is that it is #2.

 

[wesley90]

Yes, I make a base wage rate of $18.56 an hour plus fringes (health insurance, etc) which brings me up to $28.86 an hour.

 

[cbg]

Yes, I understand that your overall compensation package is $28.86 an hour. Do you understand that your overall compensation package means diddly squat?

Unless there is a line item on your paycheck showing that there has been a deduction FROM YOUR WAGES for health insurance, this is a contract issue and not a legal issue. If the employer is making contributions on your behalf, then EVEN THOUGH that is a part of your overall compensation package it is NOT a deduction from your wages and therefore NOT a wage and hour violation.

 

[LdiJ]

Due to the limits of the site, currently, I cannot access your link.

"Total package" is meaningless for this purpose. Let me try again.

If you are paid by multiplying $26.86 per hour by the number of hours you worked, and then subtracting $7 per hour for health insurance premium, and then subtracting taxes, then scenario one applies.

If you are paid by multiplying $18.53 by the number of hours you worked, and in addition to that your employer makes a contribution of $7 per hour to a health fund over and above your pay, then scenario two applies.

From everything you have posted and from my own experience with union employers making contributions to a health fund, then my best opinion is that it is #2.

This is a union job...it works differently than standard payroll. The 26.86 is the union rate but it gets divided between payroll and benefits. He really needs to take this up with his union.

 

[cbg]

Believe me, I am more than familiar with the type of union contract he has described, having spent three and a half years administering something similar. I told him several posts ago that he needed to contact his union, and that if the union would not address it that he could take it to the NLRB.

However, since it is NOT a deduction, it is NOT a wage and hour issue. It is a contract issue that needs to be addressed through the union, not the state, Feds or courts.

 

[Willlyjo]

Believe me, I am more than familiar with the type of union contract he has described, having spent three and a half years administering something similar. I told him several posts ago that he needed to contact his union, and that if the union would not address it that he could take it to the NLRB.

However, since it is NOT a deduction, it is NOT a wage and hour issue. It is a contract issue that needs to be addressed through the union, not the state, Feds or courts.

If the union/NLRB does not satisfy the OP's issue, then it can only be litigated in Federal (District) Court. If the OP decides on this course of action, he only has a 6 month statute of limitations in which to do so.

 

[cbg]

Well, Willy, maybe you can convince him to talk to his union rather than wasting time here trying to turn it into a deduction when it's not. He's certainly not paying any attention to a thing I say. Despite the fact that this is what I do for a living and could be assumed to know a bit about it.