Time Limit For Paying Employees
How Can An Employee Be Paid?
Time Limit For Paying Employees: Employment comes with the expectation that as an employee, you will get paid. When entering any form of work, be it as an at-will employee or a contractor, one of the main issues to contend with is the amount, form, and frequency of the payment of your wages for your time. Usually, the employer and the employees come to a mutually agreed-upon wage and manner of payment. The majority of employers are well aware of the state and federal laws that govern the payment of wages. Employers are required to pay their employees accordingly;
- In line with the federal minimum wage
- In a consistent and timely manner, like weekly, biweekly, semimonthly, or monthly.
- Paydays need to be defined; for example, weekly on Thursdays
In addition to this, a few acceptable forms of payment of wages are:
- Cash
- Check, money order, or postal order to the employee
- Electronic transfer
What Are Penalty Rates & Allowances?
Penalty Rates and Allowances are extra payments that you receive on top of your regular wage. The penalty is intended to compensate you for hours that you spend working at inconvenient times like weekends, overtime, public holidays, or nights, etc. On the other end, allowances exist to make sure you are not footing the bill for the things you need to do your jobs like tools, transport, uniform, or extra training, etc. It is also paid if you need to work in dangerous or unpleasant conditions like at a height or in the dirt, etc.
What To Do If Your Wages Are Delayed?
It is possible for the employer to miss or reduce payment or a superannuation contribution. The reasons for this could include:
- The possibility that an overpayment was made for which the employer is now trying to take credit
- Mutually agreed upon deduction that the employee didn’t realize was starting during the particular pay period in question
- The employer is in the process of bankruptcy.
If monies are missing from your paycheck, or you do not receive a paycheck, there are steps that you can take to solve the situation. The initial recommendation would be that you approach your employer and ask about the missing payments as it is possible for them to have made a mistake. So before jumping to conclusions, it is always best to make a reasonable inquiry and ask for the reason as to why your wages have been altered or not paid as expected.
If a satisfactory answer or cure hasn’t been offered, then you will have to consider how to take action to regain your loss. Firstly, you will want to consider putting your demand for the missing payments in writing. A simple email with the date of the pay period from which the wages are missing and the amount you are entitled to, should be sufficient. You should also include a particular date and allow time for the employer to cure their error.
Can Legal Actions Be Taken If My Wages Haven’t Been Paid?
In the event that your employer hasn’t corrected their error yet then, you need to consider taking it to the next level. At this point, you can file a claim with the Fair Work Ombudsmen. There are a couple of simple steps that you can complete easily.
- Go to the Fair Work Ombudsmen website and complete the Work Place Complaint form. You should be prepared to supply information from your pay stub and your employment on this form.
- Be responsive to the investigator who will contact you to discuss your claim. Be sure to have the relevant information available to share with the investigator.
- Prepare to attend a voluntary resolution session with your employer present. This will allow for both you and your employer to participate in a mediation process that might correct the unfortunate circumstances.
In the event that you and your employer do not reach an agreement via mediation, further action can be taken by the Fair Work Ombudsmen or you can file a claim with the court. A court case will initially be filed in Federal Circuit Court. To begin this process, you must do the following;
- Be sure your claim is for unpaid wages or entitlement
- Determine the value of your claim; if it is $20,000.00 or less you may use a small claims procedure
- If it is for $20,000.00 or more, you will have to use the regular court procedure
