I have not been paid my Salary

[MasterTrotter]

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

I work for a large retail corporation and have for 3 years. As of 10/26th, I was promoted to a Salaried Management Position. My pay period ended Friday 10/31, and the payment for the period of 10/18-10/31, came in on 11/07, had my commission and hourly rate. I informed our HR that the pay check had an incorrect amount for the week of 10/26-10/31. The next pay periods payment from 11/01-11/15 was supposed to arrive 11/21. It is 11/28 now and I haven't received the correction for the first pay check, or any of the second pay check (No Commission, No Salary, not even an albeit wrong hourly rate)

I'm very broke, very behind on bills and have only been told by several members of management ranging from store level, district level and corporate HR; that they will forward me a solution as soon as they are made aware of it. No promise date, no check in the mail, not paid out at store level.

I've had lots of trouble finding any laws pertaining to when a company is required to pay a salaried associate by, and if I would be protected if I just stopped working until I am paid.

Any advice would be much appreciated, I do not want to be unemployed due to job abandonment.

 

[cbg]

Is it possible that your new position is paid on a monthly basis? It is not even close to unusual for non-exempts and exempts to be paid on different pay schedules, and exempts are often paid monthly.

When you called your Payroll department and asked them about this, what did they say?

 

[Dave1952]

If I follow you you were moved from hourly to salaried. You received your final check as an hourly and you believe that it should reflect one week as a salaried employee. So you did get paid and are waiting for payroll to run out a small check for the salary raise. While hourly workers are paid every 2 weeks It's not clear when salaried workers get paid. You seem to believe that you should be paid every 2 weeks. If so, then it's odd that no one has cut you a check for your salary.
It strikes me that you have 3 problems: 1) the small check owed from the end of Oct., 2) The missing check from mid Nov., and most importantly 3) You are complaining to HR rather than Payroll. You say that this is a large company which suggests that there are SOPs for dealing with check problems. According to Oregon DOL your employer has 3 days to get you a check if there's a problem. So find out whether HR or Payroll should be dealing with this and point out that they have failed to issue your check in a timely fashion.
http://www.oregon.gov/boli/WHD/docs/statelawswages_english.pdf
In a businesslike fashion tell them to get their butts in gear. Then go over their heads.
If you stop working you will have quit.

 

[MasterTrotter]

Thank you for the fast responses.

So you did get paid and are waiting for payroll to run out a small check for the salary raise.

Correct, I reported this just after receiving my pay check 11/07.

You seem to believe that you should be paid every 2 weeks.

Yes I was the only member in my my store to not receive my pay. All other salaried and hourly got paid that day.

You are complaining to HR rather than Payroll.

HR and pay roll issues are instructed to call the same help line. After my first phone call, I was instructed they could not resolve the situation and I need to inform the store management. They instructed me to call the help line again. This looped two more times. That's when I started contacting Head offices. The response was always the same, they will figure it out and get back to me when they know.

 

[commentator]

Quote: I'm very broke, very behind on bills and have only been told by several members of management ranging from store level, district level and corporate HR; that they will forward me a solution as soon as they are made aware of it. No promise date, no check in the mail, not paid out at store level.

I've had lots of trouble finding any laws pertaining to when a company is required to pay a salaried associate by, and if I would be protected if I just stopped working until I am paid.


No, you would not be "protected." While it is required that people are paid for time worked in a timely manner, the interpretation of "timely manner" is very broad and long. In no scenario is a company responsible for the economic situation of an employee, or responsible in any way for the fact that you are very behind on your bills due to this issue.

Hang in there, they will start getting you paid soon, I suspect. But as far as damages, or rights, there aren't many in your favor. For all they know ( or care) your wife is a trust fund baby and you just work for fun.

 

[Dave1952]

While I agree with much of Commentator's post, I disagree with the suggestion that timely payment is broadly defined. Oregon's law is quite clear, 3 days. The OP must be paid within 3 days of the regular pay day. The OP has a valid complaint to take to the DOL. I'm unsure what the business would do if the OP filed a complaint, though. The OP's "hand to mouth" existence makes it hard to give good advice. I do hope that he received a large check and an apology on 11/28.

 

[LdiJ]

While I agree with much of Commentator's post, I disagree with the suggestion that timely payment is broadly defined. Oregon's law is quite clear, 3 days. The OP must be paid within 3 days of the regular pay day. The OP has a valid complaint to take to the DOL. I'm unsure what the business would do if the OP filed a complaint, though. The OP's "hand to mouth" existence makes it hard to give good advice. I do hope that he received a large check and an apology on 11/28.

Monday will be the third day...perhaps that law should be gently pointed out to management.

 

[cbg]

The three-day rule exists when there is no question about what is owed. It is by no means certain that this is the case.