[donf]

My son works for a small class C corporation in Virginia. For the past three years all he receives is his weekly paycheck no stub giving the deductions held back by the employer. In fact he was told that because the company is so small they are not required to give pay stubs.

My understanding of Virginia law is that all companies that issue pay checks are required to issue a statement of deductions with each payroll check.

My son is an exempt or non exempt full employee of this company. The status of exempt or non exempt depends on whether he is due overtime for working three hours on alternating Saturdays. According to the company, these hours are included in the weekly pay even for hourly wage employees. So if a truck driver worked forty hours during Monday to Friday and then came in on the following Saturday, his paycheck would be the same the following week even if he were to work an additional 40 hours during the Monday to Friday time frame.

Their time cards run from Saturday to Friday, so any hours worked on Saturday are included in the following Friday's weekly figures.

Isn't this dishonest if not downright illegal?

By the way, this is my inquiry, not my son's. He claims it's all legal because this company only has 7 employees the owner and the guy who strokes the checks.

I just find this hard to believe! Am I on the wrong planet about this?

[Wildsporty]

In the state of Virginia the company is required to give the following information on the pay stuff at the request of the employee. That means the employee has to request it.

Gross Earnings, Amount and purpose of deductions (upon request)

The weeks may start and begin with any 7 day period. Our company goes from Saturday to Friday. It cuts off on one Friday and pays on the next.

The Federal Fair Labor Standards Act (FLSA) covers the overtime provisions. All business's engaged in Interstate Commerce are covered automatically. Small Businesses that do not engage in Interstate Commerce and that have an annual gorss volume under $500,000.00 are not covered under FMLA and do not have to abide by the law.

It sounds like your son's company with 7 employees is exempt from the FLSA.

Covered businesses must pay overtime for hours worked over 40 hours in a week. Thus even thought the workweek is from Saturday to Friday the time would be included in the week worked.

Shirley

[donf]

Wildsporty,

I gets a little more dirtier than simple black letter law.

Under Va. Code SS 40.129, my son would have to request his employer to start providing the data to him, in writing. If the employer says no, than he can file a complaint to the VA. Div of Labor.

However, Virginia is also an "At Will" state, which I understands the he can be fired at any time, at the will of the employer. The fact that the employer is the villain in this issue, doesn't matter at all. My son would have no protection from being fired and no protection from the state at all.

But on the brighter side, the law breaker can still continue breaking the law!

Now I understand why I enjoy Algerbra ans Electricity and Electronics. They at least have order and make sense. This type of law makes no sense to me.

Oh well maybe we will do better come election day, but I doubt it. :(

[Wildsporty]

I don't see anyone running for office that is an improvement. Sorry but the pickins are pretty slim.

Sorry about your son's situation, Idaho is also an at will state. Yes, you can be fired at the whim of the employer.. that is really sad.. what is worse the U.S. is the only country that is true in. I work for an International company and it takes a monumental effort to fire a foreign employee if you are allowed to do it at all.

Shirley

[Fr_Chuck]

But then many foreign governments allow workders that need to be fired, to work, One could make a large case against government requiring a company not to fire someone

[Wildsporty]

I agree with the government telling the Company they cannot fire someone. What they do though is force the company to go to mediation and to discuss the problems with the employee before the termination.

Sometimes the employee does not realize something is wrong or that the company wants something done differently or in a different way until they are told. If there is no communication than no one knows what the other person wants.

Companies need to have some sort of Termination Policy and it needs to include counseling with the employee before termination. We have 3 meetings with our employees before we terminate them. We give specific items that must be improved and a time limit for them to be improved. At the next meeting we have a brief discussion on how the improvement is going. If there is a third meeting it is usually a termation.

Shirley

[donf]

FYI -

I did a search on the Virginia Code for Statue Section 40-1.29. When I read it I got a little testy about the "Help" I received for the local state office.

It seems to me that their ability to read is now in question. Section 40-1.29 p. C. Starts by stating what the employer may legally withhold from an employee's payroll. It ends with the statement that the employer has to make the request in writing to the employee and have the employee' signed authorizing signature for the employer to deduct anything else.

The next sentence begins with the employee has to make a request to the employer to obtain the withholding information for any pay period.

It does not say what form the request has to be made in, therefore, it appears to me that if the employee asks for pay stubs and the employee says no, then the employee has a valid complaint the Virginia Labor Board has to act on. I do not see or understand how the Labor board can ask for something the Law does not specifically require?

Here's the section of Virginia Code I'm speaking about, it's fairly short.

§40-1-29 - ¶C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. An employer, upon request of his employee, shall furnish the latter a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom.