I have been working at this job I have wanted for 3 months, close to home doing what I enjoy doing, with people I don't mind working with. I have had one week where I have gotten paid on a Friday and have been able to cash that check the next day, other times it has taken until the following tueday or ever wednesday to cash the check. I have made the mistake of putting it in my check account and bouncing a few large checks and gotten billed from the bank. Is this illegal to do? And I am also told 4 out of 6 employees work well over 40 hours per week and none of us get paid overtime what so ever, this has been happeneing for sometime now. How much trouble will this employer get into after I blow the whistle when my new job opens up? I live in Athens where I have seen they are pretty strict about this tye of stuff. The owner is a freind of mine I have known for a few years and I had no clue this was happening until after I talked to a few of the employees. Thanks for the input
1. What is the date of the check that you are given? Is it post-dated? When is your regular payday? Is it a Friday or is it actually a few days later? I ask this because I used to work for a public agency and our pay day was not until Friday, but we would get our paychecks on Tuesday which we couldn't cash it until payday. This was for people who didn't do direct deposit. Employees knew not to try to cash the check until our actual payday. Also, when you deposit any check with your bank, until it clears, the bank doesn't advance any money (unless you have a lot of money with the bank) so you shouldn't be writing checks for at least 2-3 days. 2. Are you an exempt employee? See: you are considered an exempt employee (and also salaried), then you are not entitled to overtime, regardless of how many hours over 40 you work. 3. Check with the Athens Department of Labor: if there are actually a lot of problems - report them to the Athens Department of Labor. Yes, they could get in trouble for not having sufficient funds to meet payroll.
If you are an hourly employee (not salaried), then they can get in big trouble for not paying you for hours worked. You'd have to document when you start and stop each day, including lunch breaks. It would be more effective if most of you wrote down your hours. In MA, a company is shut down by the state if it does not have enough cash in hand to cover payroll (including vacation time owed). Not sure of Athens law on that, but it could be a huge no-no.
Check with your attorney general. Passing rubber checks to employees is a BIG no-no. They should have had to pay for your bounced check charges. I hope you get that new job soon, because for all you know, you could come to work and there's padlocks on the door.
I don't think they will get into any trouble. Someone would have to prove that they knew they were writing checks that they knew were unfunded.
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