Church Executive

Amidst the longest government shutdown in history, more federal employees are going without deserved pay than ever before. But even a functioning government can't guarantee that an employer will pay its employees on time. Payroll is a federally (and in many cases, state) regulated process with defined rights and restrictions. However, there's just enough leeway in the law for employers to try to skirt around workers' rights.

Don't be mistaken; here's a rundown of what to do if your employer doesn't pay you on time.

1. Be firm: You're legally entitled to be paid "promptly"

Federal laws don't regulate how often employers are required to issue paychecks. Almost all state laws dictate whether employees are paid on a weekly, biweekly, semimonthly, or monthly basis (exceptions include Alabama and South Carolina), but the government's Fair Labor Standards Act clearly states that workers must be paid "promptly." The law doesn't prescribe a specific measurement of time, but specifies that employers must issue either cash or a "negotiable instrument" (like a check) by the soonest pay period possible. In addition, no portion of an employee's pay may be forcibly withheld without cause.

Address the issue with your employer in writing, using any and all available channels to lodge formal complaints and obtain documentation of any violations of federal law. If your employer refuses, you could bring the issue to your state's labor agency.

2. Record everything

Like all legal matters, documentation provides irrefutable evidence. Lawyers and third parties can draw from all documents detailing the payment agreement between employers and their employees to enforce federal laws. Whether or not an employee is worried about losing pay, every laborer should keep their own records, especially the dates of any missed pay days or other payment violations.

3. Contact U.S. Department of Labor

If an employer has violated a worker's right to be paid on time, then depending on one's state, the employee should contact the state labor division or the federal Wage and Hour Division. The Fair Labor Standards Act is upheld by these departments, which enforce a range of laws that regulate everything from how records are kept to how withholdings must be itemized on pay stubs. These departments will also hold employers accountable to laws forbidding them from changing pay rate without notice, docking pay, or withholding pay.

4. You have the right to back pay

If an employer delays payment or underpays an employee, that laborer is entitled to back pay in the amount of the owed difference. If an employer refuses, the worker has the right to file a private suit in small claims court for back wages, in addition to court costs and attorney's fees. The Fair Labor Standards Act even enables the Secretary of Labor to sue on the employee's behalf.

5. Use emergency funds

Of course, having money put away is a luxury if you're able to earn disposable income. An employer not paying on time is only one instance in which emergency funds are necessary in order to stabilize your home and food security. For those who aren't able to accrue personal savings, there are hardship withdrawals, an option to take funds from employer-sponsored retirement plans (like 401(k)s, 403(b)s, or 457 plans) without paying a penalty. Some plans offer this option in instances of "immediate and heavy financial need." Depending on your plan and your employer's restrictions, the amount you're allowed to withdrawal will vary. Check with your plan administrator to apply for a hardship withdrawal.


Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.

PayPath
Follow Us on

Airbnb is a great option while traveling, but you should protect yourself from damage charges from unscrupulous hosts.

Airbnb offers an affordable option for people looking to be more comfortable as they travel.

However, there are downsides to staying in a host's home rather than a hotel. Whereas hotels are designed for constant streams of visitors and often have furniture built to last, at an Airbnb, you may be staying on old or cheap furniture that a host is using in order to maximize their profits.

And while most reputable hotels will have regular room inspections from staff to check for any wear and tear, Airbnb damage disputes are oftentimes he said, she said situations. If you are in an Airbnb and something breaks, there are a few steps you should take in order to ensure that you are not on the hook for damages out of your control.

Keep reading Show less

What Are NFTs?

Art Installation N°1 by Carlos Marcial. Rhett Dashwood / YouTube

If you're keeping tabs on the art and tech worlds, you've probably been hearing whispers about "NFTs" for the past month. Just over the past week they've entered the mainstream lexicon.

Twitter founder Jack Dorsey made the news for selling his first ever tweet. The app has been teasing paid subscription models and newsletter-like features, but tweets for sale is "the next frontier."

The 2006 tweet went up for auction as an NFT, and the current bid is $2.5 Million. But what does it mean to own that? Why would anyone want to? And what even is an NFT?

Keep reading Show less

Long gone are the days when the majority of Americans dreamed about owning a home with a white picket fence.

The traditional American Dream may be on its deathbed, but that doesn't mean a core component of the vision can't survive. It simply takes a diverse perspective. People can still believe they can attain their own vision of success in society with hard work, knowledge, and risk-taking. Investing in today's American Dream may literally mean investing money in our modern economy, starting with our infrastructure.

Real estate investing in particular is a lucrative method that can boost income and secure a better financial future for many. There's always risk involved, but the payoffs can far outweigh the uncertainty. Selecting solid financial investments is about confidence and competence. If you're looking for some advice on this kind of investment, here are a few savvy tips for new real estate investors.

Stick To a Specific Strategy or Niche

Real estate is a challenging sphere of the business world, one that requires several key skills: groundwork knowledge, networking, perseverance, and organization. True knowledge of the real estate market will come with time and experience, but it's a smart idea to select one area of the market and stick to it. This is the best way to attain in-depth familiarity with your specific niche.

First, choose a geographical area close by and then a niche strategy within it, such as house flips, rental rehabs, or residential or commercial properties. By doing so, you can become aware of current inner working conditions in the market and you'll have a better idea of how these trends may change in the future.

Be Vigilant About Viable Financing Options

While it takes money to make money, you don't have to use all your own money. A common misconception about real estate investing is that you must be wealthy to start off. This isn't straight fact, however. A majority of people can test the waters of real estate investing without a lot of initial cash in their pocket.

Aside from traditional financing options from banks and institutions, private lending options can be worthy solutions. Hard money lenders are popular, reasonable choices, and they tend to have fewer qualification requirements upfront. However, be sure to strategically choose a hard money lender to find the best possible fit.

Master the Art of Finding Good Deals

There may be hundreds of thousands of available properties for sale on the current market, but the bulk of them will never amount to the final money-making result you desire. Another great tip for new real estate investors is to use good math to estimate profit. Taking risks is part of the process, but you have the ability to analyze properties and use networking sources to find the greatest deal. You can't win every deal, but you can steadily work towards a thriving financial future.