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Missouri- Missing retroactive pay/hourly wages/ agreed increase

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Managertrainee

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

Missouri

Good Evening, I have a handful of questions regarding payroll law in Missouri. First let me explain my position and situation.

I am a commissioned Sales Professional that is also a Manager in Training. Originally we were paid on a $11/hour draw system, meaning that we were paid either our commission rate as long as it equaled more than $11/hour. I am also a Manager in training so I receive $500 a month on top of that rate.

On December 27th I was promoted to Manager in Training level 3 which was a raise to $800 a month. I have never received this raise.

On January 15th they changed the draw rate to $8/hour with out notice retroactively to January 1st.

On February 12th, 2015 during a performance evaluation I reminded them that I had not yet received my raise to level 3. My regional manager apologized and stated that I would see retroactive pay to cover this on the next pay date. At this moment I was also Promoted to Manager in training level 4 which is a monetary increase to $1,000/month and that I would also see that increase for the current pay period.

Today was the Pay Date that I was supposed to see the current raise and the retroactive reimbursement for what they hadn't paid me yet. My regional manager stated that they owed me $1,400 which after some maths turned out to be correct but it was not on my check. I was also only paid a commission of $293 even though I should have been paid the equivalent of 93 hours at $8 an hour due to the draw a difference of $443. And then the icing on the cake... I was out of town 3 days for a funeral. We are paid a flat rate of $100 per day but instead they paid me $198... the equivalent of 8/hour per time missed..... They have promised to fix all of this but told me I have to wait until the next payday. I am not in a financial situation where I can wait this out. Do I have a leg to stand on legally as far as asking for payment sooner?

TLDR: I am owed just over $2,000 dollars from my employer and they will not reimburse me until the next pay date even though I was promised it on this pay day.

Thank you in advance
 


cbg

I'm a Northern Girl
This is entirely an internal matter. The law is completely indifferent to pay raises. Unless you have a legally binding and enforceable contract that guarantees pay raises at particular times, the law doesn't care if you ever get a raise and certainly is not going to require that they be retroactive. The ONLY exception is if minimum wage is raised by an act of Congress or the appropriate state legislative body and you are being paid less than the new minimum.

If you want to pursue this, you will need to take all the associated documentation to an attorney in your state to determine if the increases, and the associated timing of them, are legally binding. This is one instance where the state Wage and Hour folk are not going to care a whit.
 

eerelations

Senior Member
Your employer is legally free to resolve this on the next pay date, unless you have a binding contract that states you will be paid this increase on some specific date before the next pay date. You may take this to a lawyer if you like, but the issue won't be resolved until way after the next pay date. (Meaning that waiting for the next pay date is your fastest, cheapest option.)
 

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