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No money for Holiday and biweekly isnt really biweekly

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  • No money for Holiday and biweekly isnt really biweekly

    Whatever happens with me, just happens with me. ... and googling doesn't help either.
    So as most people here know, I work for a big firm which has a strange bug in the wrong place. So, I was asked to be in the US on the 28th of May (Sat.) and report on 31st of May since 30th May was a holiday. I have got my paystub and it has a dock pay for one day ! The payroll dept says that since I wasn't working on the 30th I will not be paid for that day. What I am saying is that I was in the US for this assignment on the 28th of May and that I should be paid or allowed to avail the US holiday. Then even putting aside this, when I look at the pay stub it has a begin date to end date of 12 days, but on breaking the figures down it looks like I was paid only for 9 days, to which the employer says, that even though its a bi-weekly pay out, the pay really is for 10 days only.
    So, it may not be too much of an amount, but I want my money !
    Do you think I am wrong in asking ? Can they really take away my money of 5/30 ?
    I also read somewhere being in US on H1 it is illegal for me to stick around even for a day without being paid for it. So, I wasnt paid for 5/30, does that attract attention from authorities ? ... and will this be a problem later on ?

    thanks,
    HB
    This is my opinion. Not a legal advice

  • #2
    I don't think it is a problem. Looks like your official start date of employment in H1B status was only May 31st. As long as your are paid as per the approved LCA, you are good and there is nothing much you could do. If the pay is less than the LCA, then you can complaint to DOL and make the employer pay. You also have the option of transferring the H1B to a different employer if you are not satisfied with the current job.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      In your offer letter and in the LCA how is your salary quoted? Is it per hour, day, month or year? Compare this with what you are getting.
      This is my opinion and not legal advice.

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