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Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

623.0. "Is this pay system & 401K plan legal?" by 11SRUS::TLE::PERIQUET (Dennis Periquet) Wed Nov 24 1993 19:22

    
    I know someone very close to me that works for a company that has a
    system that works like this:
    
      Employees get paid bi-weekly.  When you start work, you get two
      pay periods worth of pay; let's say this person earns $1000 per
      pay period (to use a nice round number).  The reason they get two
      pay periods worth is because if a person has worked for the
      company and then decides to quit, they just give their two weeks
      notice and then they don't get paid for the last week of work.
    
      At first, I thought this was ok.  Then I thought what would happen
      if this person got several raises after being at the company for
      3-5 years and they were getting paid say $1500/pay period instead
      of $1000?  This is a loss of $500!
    
      Is this legal?  If not, how do we take action?
    
      Also, there is a 401K plan in which all employees *must* contribute
      at least 3% (I can't remember the exact number) of their pay.  I
      thought perhaps this is fine because it will force people to save
      for retirement; but then, I was told that they get paid a fixed
      interest rate of 4%!  When the market was hitting all-time records
      I considered this highway robbery!  Is this also legal?
    
    Thanks,
    
    Dennis
    
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623.1One opinionKOALA::BOUCHARDThe enemy is wiseSun Nov 28 1993 17:236
    To answer the first question, it sounds like employees are simply being
    paid a few weeks in advance, though the program may not make it appear
    that way.  Sounds perfectly legit to me.
    
    The 401(k) doesn't sound like a very good deal, however -- unless the
    employer is matching contributions...
623.2Contributions not matched11SRUS::TLE::PERIQUETDennis PeriquetMon Nov 29 1993 02:3310
    
    re: .-1
    
    Employees are paid a few weeks in advance, but they are paid at today's
    payscale.  If they leave their job, they will not be paid by the later
    (more valuable) payscale.  It's this difference in today's payscale and
    tomorrow's payscale that bothers me.
    
    The employer does not match contributions.
    
623.3It's just a shift early, not a transferTLE::JBISHOPMon Nov 29 1993 13:5444
    I don't see a problem with the pay system.  Consider that the 
    pay packets are effectively being shifted two periods early: the
    "notice weeks'" pay is already in the employee's hands when he
    or she leaves, and it is at the ending rate.
    
    Here's an example: assume a person is hired at $x dollars per
    pay period, gets a raise to $y after working three pay periods 
    and leaves after three more:
    
    Expected system:
    
    	work, get $x,
    	work, $x, 
    	work, raise, get $y,
    	work, $y, 
    	work $y,
    	work, give notice, $y
    	<notice>, $y			Total 2x + 5y
    		  ^
    		  This is the pay for the "notice" period
    
    .0 system:
    
    	get $x,
    	get $x, work,
    	get $x, work,
    	get $x, work,
    	raise, get $y, work,
    	$y, work,
    	$y, work, give notice		Total 4x + 3y
    	^
    	This is the pay for the "notice" period
    	
    
    The difference is due to the timing of the raise: if you're being
    paid two weeks in advance, you don't get the benefit of a raise
    until two weeks have passed.  You might also note that if you'd invested
    the initial "extra" money, it would probably grow at least as much as
    your pay.
    
    As for the 401K stuff--that would bother me.  I don't know what the
    legal status is.
    
    		-John Bishop
623.4Pay system OK to meKOALA::BOUCHARDThe enemy is wiseMon Nov 29 1993 16:344
    The pay system simply means that a raise actually takes affect a couple
    weeks after it is announced; same thing happens at Digital -- one is
    given a raise effective as of a certain date.  In your case that date
    is just a few weeks farther in the future than you'd expect.
623.5Thanks, I'll check out 401K system11SRUS::TLE::PERIQUETDennis PeriquetMon Nov 29 1993 18:007
    
    Ok.  I can agree that the pay system is fine.  The next time, I'm at
    the library, I'll see what actions can be taken with the 401K system.
    
    Thanks,
    
    Dennis