Time Reporting

[PAContractor]

PA: I work in PA as an hourly contract employee (in a professional job) who reports time electronically to a contract employer. My time needs to be approved by my manager electronically. If my manager doesn't approve my time report on time (even if I submit it on time), I do not receive a paycheck that week. I don't get notice that the time report hasn't been approved. Can I be penalized like this because my boss isn't doing the approval process? Is this legal?
Here's the real problem: When I don't get paid for the "late time report week," the contract company then puts both weeks' time into 1 paycheck, so now it looks like my weekly salary is double the actual amount, which then puts me into a higher tax bracket and I get a lot more money taken out in the "double week" check. I know I'll get the money back in taxes at the end of the year, but my family budget requires the money now, not next year. Is this legal? I've asked the contract employer to process them as 2 sep chks? Legal?

 

[pattytx]

Two separate checks would be legal. So would paying both weeks on the same check and taxing them as two checks.

The problem is that, legally, the law doesn't care whose "fault" it is if you are not paid on the regular pay day. The staffing company knows that you are working and should be more diligent in making sure they have your hours by the payroll processing deadline.

I worked for a staffing company where that procedure was in effect, and I got notice that my supervisor had approved my time. He also gave me a printed copy of the approved time sheet. Maybe you could ask him to do that for you.


I've also worked for another staffing agency where I could call and the automated response system would tell me what hours had been reported for the most current pay period.

 

[PAContractor]

What about one check and not paying if my manager doesn't approve my time on time?

Clarification:
If my manager doesn't approve my time on time according to the staffing agency's schedule, I don't get a paycheck that week. Through no fault of my own, but my manager's fault of not approving my time. Is that legal to suppress my paycheck?

They won't pay two separate checks They won't pay both weeks on the same check and tax them as two checks. They pay both weeks on one check and tax them as one check, so now it looks like I make double the money and thus am taxed at a higher rate, which makes me lose income today. Granted, it comes back to me in tax return time, but it's affecting my family budget.

All to no fault of mine, but my manager! And the staffing agency expects me to tell my manager how to act/perform.... a very touchy spot.

Are these practices legal:
1) not paying me if my manager doesn't approve my time?
2) paying me for 2 weeks' time in one check and taxing me as if it is one check?

Advice?

 

[ecmst12]

If you are an independent contractor, then it's legal if your contract allows it.

If you are an employee (W2), then it's not legal to not pay you just because your hours aren't approved. Payroll is supposed to estimate based on typical hours worked and they can adjust later.

Paying 2 weeks at once and taxing them like one week is legal.

You can't be a contractor if taxes are being removed from your check so you shouldn't refer to yourself that way.

 

[pattytx]

What did I just say?

the law doesn't care whose "fault" it is if you are not paid on the regular pay day.