Late Checks and Sick Time issues

[Sylar]

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

I have posted here before about the chronic lateness of my pay from my employer. It was a while ago, but to recap, about 1/2 - 1/3 of every paycheck is anywhere from 1 to 7 days past payday since the time I started 2.5 years ago. Also, I have 4 sick days left, with proof, where my boss has told me any more sick time off is a deduction from your pay, and has no records of when I was or wasn't here.

Since there is no Florida Department of Labor, I called the US Department of Labor. The lady then transferred me to the Wage an Hour division. Aside from the man being very rude and unhelpful, ultimately he said that as long as I've been paid, nothing can be done about this man constantly being late on payment. He also said that the responsibility of paid time of is between the employee and employer. This was part of my benefits for working here.

My questions are:

- Is there really anything I can do about this man being constantly late on paychecks?

-Can an employer actually just tell you your vacation is null and void? (I know they can deduct wages due to the FMLA when no sick time is available, but that isn't the case here)

Thanks.

 

[pattytx]

I don't recall the details of your other posts. How often are you supposed to be paid?

Re: sick time, there is no federal or Florida law that requires your sick time actually be paid. Doesn't make much sense that if you have 4 days sick time on the books, you wouldn't be able to use it, but for nonexempt employees, it's not illegal.

 

[Sylar]

What it comes down to is my boss is considering every "half day", meaning I came in after noon and left at 5, is considered a full day of leave. However, the nefarious part about all of this, is everytime I have to do that, due to medical procedures/issues, I work my full day of work... just from about 1PM to 9PM. He also has ignored the fact (which unfortunately, I get the impression that he can) that I have worked 80 hours weeks, three day holiday weekends, and family events just to get work done he promised for people without even consulting me. Now, sure, life isn't fair, but part of my agreement when hired was I got two weeks of vacation/sick/personal time. As far as I am concerned, this is a verbal contract.

However, I am a bit worried that he is ignoring any overtime and wrongly rounding up days late (counting days that WERE NOT under 8 hours of work) as leave.

And to recap, the US DOJ has pretty much said he can do that. However, I simply don't think it is that simple.

I'm not sure the relevence, or what you mean by exempt, but I am an overtime exempt employee (computer programmer).

I know life isn't fair and perhaps he knows he can get away with this. This man is truly a snake. I just can't fathom it is legal that he can pay employees whenever he feels like it and take away my agreed upon sick time just because he has a bad perception of time (or a flat out liar)

I don't recall the details of your other posts. How often are you supposed to be paid?

Re: sick time, there is no federal or Florida law that requires your sick time actually be paid. Doesn't make much sense that if you have 4 days sick time on the books, you wouldn't be able to use it, but for nonexempt employees, it's not illegal.

 

[pattytx]

Unfortunately, the DOL is correct about the usage issue. The FLSA is silent on the issue, as long as the employer offers, basically, at least 5 days per year of sick leave AND the partial days absences are not FMLA-related. So, it is really that simple. Florida does not adddress the issue, either.