Time period to pay salary

[sri_bitla]

Hello Friends,

I worked for a consulting company until last month on H1B. He still owe me lot of money and he said he is not going to pay that and he also harassed me by delaying the salary by more than two months. I have the proofs, and now I want to complain to DoL.

We have not signed any contract/agreement at the start of the job and now I want to know what is the time period for the employer to pay the salary in the absence of a contract/agreement or according to Labor Condition Application?

Thanks,

[immihelp]

Exact time period depends upon the state where you worked.

But, generally, the employer must pay by their next payroll cycle. Therefore, if you get paid every two weeks, they must pay you when they run the next payroll after two weeks. If they pay you monthly, they must pay you next month when they run the payroll.

[sri_bitla]

Thank you for your reply.

He runs monthly payroll on 20th of next month, i.e. sept'08 payment on 20th of oct'08. In my case, he ran payroll on 20th however he kept the paycheck with him for more than 2 months. He harassed me without paying, even when I asked by emails and phone calls he didn't deposit that. Paystub proves that payroll was run on 20th and emails prove that he delayed depositing by more than 2 months. This happened twice during the end of my career with that company.

He also made many illegal deductions from my paychecks as loan paybacks when I have not taken any loan. Paystubs clearly state "loan payback column". He did not have any proof of me taking loan like email, phone calls or a signed document as I have not taken any.

Is that evidence I have sufficient enough to prove the 2 allegations? Please advice?

He also promised that he will pay me perdiem however he didn't pay that in the last few months. There is no evidence that he agreed to pay perdiem. Can I still complain that he owe me perdiem? Is their any risk of complaining about perdiem as it is always questionable?

Thanks,

[txh1b]

You have to talk to a labor/employment law attorney. DOL looks into wages and other violations. You can contact your state DOL and get some input.

[ajaysharmlondon]

two steps

file case against the employer in your home state DOL.

write glorified (pun intended) review on your employer on all the websites so that no one else will suffer in future.

ajay