Legal Question in Business Law in Illinois

Payroll ethics

I work for my church, the office is closed on Friday, Saturday and Sunday (by the design of the church). When payroll falls on a Friday, Saturday or Sunday, we are required to wait until the following Monday to receive our checks. Is this legal? We get paid twice a month, on the 3rd and the 18th


Asked on 8/03/03, 7:43 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Payroll ethics

Under the Illinois Wage Payment and Collectioing Act, 820 ILCS 115/4, Sec. 4, all wages earned by any employee during a semi-monthly or bi-weekly pay period shall be paid to such employee not later than 13 days after the end of the pay period in which such wages were earned. Accordingly, because your pay is scheduled to be made three days after the pay period at the earliest, and six (or seven, if there is a holiday, too) days after by the postponement rule your employer has established, your employer is within Illinois law, and his schedule is permitted. On a practical note, because your employer is a church, they probably rely on the Sunday collection to make payroll, in a pinch. They have chosen their rules to allow one more collection to insure that their workers get paid.

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Answered on 8/04/03, 10:51 am


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