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  1. #1
    Join Date
    Nov 2015
    Posts
    3

    Angry Calculation of Pay and Overtime With Semimonthly Paychecks

    My question involves labor and employment law for the state of: My question is kinda complex but let me see if I can simplify it. If you are paid Hourly including overtime receiving a check bi-monthly. At the end of the year there seems to be two checks that you should receive due to the bi-monthly pay-out. Can your payroll/employer. count those two payout based upon your 5 year previous salary? Let me explain again. I was previously paid salary income. Due to the hours that I worked I requested to go to hourly with overtime. I was granted that. At the end of the year I get one or two checks because of the way the payroll runs (Bi-Montly). The Human Resource/Payroll goes back to the days when I was paid salary and pays me off of that pay, Which equals out to about (for an sake of a number) $13.10 an hour. I previously make $21.00 an hour plus overtime. I have been told that this is very much the law and is very legal. Can someone please help me out here. I am finding it very hard to understand the explanation of the reasoning behind how this is legal and correct.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Pay on Bi-Monthly Laws for Illinois

    I'm guessing you mean that you get paid twice a month, like on the 15th and the last day of the month. That's semimonthly. Bimonthly would be every two months, biweekly is every two weeks.

    Read the following article from a CPA about how that's calculated.

    http://www.kempercpa.com/email/2012/...culations.html

    As far as I know the calculations for overtime must be based on your current hourly wage and not prior year salary.

    I think you are being scammed by your employer and stroked with this "it's the law" business.

    I suggest you either pin them down and insist they give you the statute number so you can look it up or just contact your state's regulatory agency and file a wage claim:

    http://www.illinois.gov/idol/FAQs/Pa...aring-faq.aspx

  3. #3
    Join Date
    Nov 2015
    Posts
    3

    Default Re: Pay on Bi-Monthly Laws for Illinois

    Adjusterjack, Yes that is what I meant Semi-monthly. I so thank you for giving me some feedback on this.

    I think you are being scammed by your employer and stroked with this "it's the law business."

    Yes I thought that I was being given the once over by them, I guess I just needed an extra kick in my rump to take care of my business. Again a million Thanks to you!

  4. #4
    Join Date
    Nov 2015
    Posts
    3

    Default Re: Pay on Bi-Monthly Laws for Illinois

    Ok so here is another question maybe to clarify my original question:

    Here's the deal. I used to be salaried. Then went to hourly. Now we get paid every two weeks the 16th and the end of the month 30th or 31st. The problem lies in this. We get 24 pay checks but there are 26 weeks so for two pay checks within the year we are paid for 3 weeks so that it comes out to 24 paychecks. It's in those 2 pay checks that we get paid 3 weeks this is when she goes back to paying me salaried instead of hourly. Say I make $21 per hour. I'm paid 21 for each hour that I work with time and a half overtime. But on those 2 paychecks with 3 weeks pay it is calculated at $13.50 per hour and overtime is paid as additional hours at $13.50 and not the $30 that I get on a normal pay check. That's what I don't understand she tells me she can do that and that what she is doing is legal. But somehow I"m losing $7.00 per hour for 120 hours. plus overtime.
    that's what I want to know is legal. I get paid my overtime that's why I went back to hourly so that I could get paid the overtime and not just give it away.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Pay on Bi-Monthly Laws for Illinois

    Quote Quoting luci826
    View Post
    she tells me she can do that and that what she is doing is legal.
    You're not going to change her mind. So either accept it or file a wage claim.

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