Exhibit 4A.11 Wage Payments Due to Termination or Death of Employee

Transcription

1 Exhibit 4A.11 Wage Payments Due to Termination or Death of Employee Discharge Resignation Other Death Citations to Authority AL All wages are payable to the spouse or the guardian of the employee s minor children. Ala. Code AK AZ AR CA CO CT DE All wages, salaries, and other compensation due the employee are payable within 3 working days at the place of employment or other place agreed upon by the employer and the employee. 3 working days or by the end of the next pay period, whichever is sooner. 7 days. If the employer is a railroad, wages must be paid on the day of discharge. The railroad that wages be sent to any station, in which case the wages must be paid within 7 days. Wages are due and payable immediately. Certain seasonal employers may pay wages within 72 hours and by mail if the employee requests. Motion picture and oil drilling industry employers may pay wages within 24 hours. Wages are due and payable immediately. If the accounting unit is not regularly scheduled to be operational, then wages must be paid within 6 hours of the start of the next regular workday. next business day. All wages, salaries, and other compensation due the employee are payable within 3 working days at the place of employment or other place agreed upon by the employer and the employee. Wages must be paid by the regular payday for the pay period during which the resignation occurred. The In the case of a strike or lockout, wages must be paid by the next regular payday. Striking workers who are terminated must be paid within 3 working days. wages of up to $5,000 to surviving spouse. Alaska Stat , ; United Food Commercial Workers Union, Local No v. D&A Supermarkets, Inc., 688 P.2d 165 (Alaska 1984). Ariz. Rev. Stat. Ann , Ark. Code Ann If the employee gave no notice, wages must be paid within 72 hours; employee may elect to have the wages mailed. If the employee gave 72 hours notice, the wages must be paid at the time of resignation. next regular payday, through the regular channels, or by mail. In the case of a strike, wages are due at the next regular payday. The employer must also return any employee deposits required by employer. In the case of a strike, employer must also return any employee deposits required by the employer. In the case of a strike or layoff, wages must be paid In the case of a suspension or layoff, wages must be paid on the next regular request wages and vacation pay of up to $5,000 to surviving spouse. A judge of probate will issue an order for the disposal of unpaid wages on the death of an employee. Cal. Lab. Code 201, 201.5, 201.7, 202, 209; Cal. Prob. Code Colo. Rev. Stat , If the wages owed are not in excess of $300, wages should be paid to the surviving children under 21 and their parent or guardian, the spouse, children over 21, or parents of the employee, in that order. Conn. Gen. Stat. Ann c, 31-76k, 45a Del. Code Ann. tit , 1106.

2 DC next working day. If the employee was in charge of accounts, the employer has 4 days to determine the accuracy of the employee s accounts and pay the wages due. payday or 7 days from the date of termination. FL the spouse, children, or parents of the employee any wages or traveling expenses due the employee. Traveling expenses so exempted from administration shall not exceed the sum of $300. GA If the employee is involuntarily hospitalized, the wages owed should be paid to the spouse of the employee. HI ID IL Wages should be paid at the time of discharge unless the conditions prevent immediate payment, in which case wages must be paid on the working day following the discharge. payday or 10 days from the date of discharge, weekends and holidays excluded. If the employee makes a written request for earlier payment, wages must be paid within 48 hours of the receipt for the request, weekends and holidays excluded. wages owed to the employee at the time of separation, if possible, and in no case later than the next regularly scheduled request that payment be sent by mail. The employer must pay for earned but unused vacation time. next regular payday. If the employee gives at least 1 pay period s notice, wages must be paid at the time of resignation. If the employer requests advance notice and advance notice is given, the employee must be paid for the entire notice period, until employment is terminated. The employee mail. payday or 10 days from the date of resignation, weekends and holidays excluded. If the employee makes a written request for earlier payment, wages must be paid within 48 hours of the receipt of the request, weekends and holidays excluded. wages owed to the employee at the time of separation, if possible, and in no case later than the next regularly scheduled request that payment be sent by mail. The employer must pay for earned but unused vacation time. dispute or a layoff for any reason, wages must be paid The In the case of a layoff, payday or 10 days from the date of layoff, weekends and holidays excluded. If the employee makes a written request for earlier payment, wages must be paid within 48 hours of the receipt of the request, weekends and holidays excluded. If workers are on strike or layoff, the employer must pay all wages earned up until that point at the next regular payday. If an employee is absent on payday, the employer must pay wages on demand if demand is made within 5 days of payday and within 5 days if demand is made after that point. D.C. Code Ann up to $2,500 of the wages due to the employee (if employer is the state, all wages must be paid) to the beneficiary specified by the employee. If the employee has not specified a beneficiary, wages should be paid to the spouse, children, or guardian of the children of the employee. wages, vacation, and sick pay not exceeding $2,000 to the employee s spouse (or adult child is there is no surviving spouse) on proof of relationship. Fla. Stat. Ann Ga. Code Ann , Haw. Rev. Stat , Idaho Code Ill. Comp. Stat. Ann. 115/4, 115/5.

3 IN If the employer separates the employee from the payroll, wages must be paid on the regular payday. Provision does not apply to railroads in their payments to employees. If the employee voluntarily leaves employment, the employer must pay wages at the next usual and regular payday. If the employee leaves without notice and no address is known to the employer, the employer has 10 days from the time wages are demanded or until the employee provides an address. In the event of a suspension of work due to an industrial 45 days after the death of the employee, the employer should pay sums owed to surviving heirs, if affidavit meeting statutory guidelines is presented. Ind. Code Ann , , IA employer has 30 days to calculate commissions. employer has 30 days to calculate commissions. If an employer actively recruits non-englishspeaking residents of states more than 500 miles from the place of employment and the employee resigns within 4 weeks of the start of employment and requests transportation home within 3 days of the resignation, the employer shall provide the transportation at no cost to the employee. Iowa Code Ann. 91A.4, 91E.3. KS In the absence of notice of probate proceedings and upon proper demand, wages must be paid to the employee s spouse, adult children, parents and siblings, or the person who paid the funeral expenses, in that order. Kan. Stat. Ann , KY All wages earned are payable not later than the next normal pay date following the date of separation or 14 days following separation, whichever is later. The employer must pay all compensation due, including vested vacation payment. All wages earned are payable not later than the next normal pay date following the date of separation or 14 days following separation, whichever is later. The employer must pay all compensation due, including vested vacation pay. Ky. Rev. Stat. Ann , LA wages on the earlier of the next regular payday or 15 days from the date of discharge. The employee mail and, if so, must leave a self-addressed, stamped envelope with the employer for the mailing. wages on the earlier of the next regular payday or 15 days from the date of resignation. The employee mail and, if so, must leave a self-addressed, stamped envelope with the employer for the mailing. The employer may pay up to $6,000 is wages and other benefits due the deceased employee to the employee s spouse. If the employee had no spouse, or divorce proceedings had begun, amounts owed should be paid to the employee s children. La. Rev. Stat. Ann. 9:1515, 23:631. ME payday or 2 weeks from the date of discharge. If the employee receives paid vacations, vacation pay has the same status as earned wages. payday or 2 weeks from the date of resignation. If the employee receives paid vacations, vacation pay has the same status as earned wages. An employer engaged in any manufacturing or mechanical business may contract with employees to have them give 1 week s notice or forfeit 1 week s pay. In such a case, the employer is required to give the same notice or pay the employee for an additional week, but not if the employee is fired for cause. Me. Rev. Stat. Ann. tit , 626.

4 MD wages on or before the day the employee would have been paid for that work if the employee had not been discharged. Wages include all compensation due an employee, including bonuses, commissions, and fringe benefits. wages on or before the day the employee would have been paid for that work if the employee had not resigned. Wages include all compensation due an employee, including bonuses, commissions, and fringe benefits. Md. Code Ann. [Lab. & Empl.] 3-501, MA the employee on the day of discharge, except that Boston employers may make payment as soon as they have complied with laws requiring payrolls and accounts to be certified. If a manufacturing employer requires an employer to forfeit wages on resignation, the employer must pay a terminated employee the same amount as a forfeit. wages on the next regular payday, or on the following Saturday if there is no regular payday. If 30 days have passed since the death of the employee and an administrator has not made written demand on the employer for payment, then wages of up to $100 owed to the employee may be paid by the employer to the employee s spouse. If there is no spouse, then payment should be made to the children of the employee. Mass. Gen. Laws Ann. ch , 159, 178A. MI Wages must be paid as soon as the amount owed can, with due diligence, be determined. If the employee is under a contract and the amount owed cannot be determined until the end of the contract period, an estimate should be paid at the time of discharge, with an adjustment at the end of the contract period. Wages must be paid as soon as the amount owed can, with due diligence, be determined. Certain agricultural employees must be paid within 3 days of resignation. If the employee is under a contract and the amount owed cannot be determined until the end of the contract period, an estimate should be paid at the time of resignation, with an adjustment at the end of the contract period. Wages and fringe benefits should be paid to the employee s designee, spouse, children, parents, or siblings, in that order. Mich. Comp. Laws Ann , MN If the employer is a public service corporation, wages must be paid at the time of discharge. If the employment is transitory, wages must be paid within 24 hours. For other employers, wages must be paid within 24 hours of demand by the employee. If the employee was in charge of accounts, the employer has 10 days to audit the accounts and pay the wages owed. The employee may request Any payment guarantees for migrant workers do not apply if the worker is discharged before the completion of a 2-week period. If the employee works on commission, wages must be paid within 3 days. If the employment is transitory, wages must be paid within 24 hours. For other employment, wages must be paid not later than the next regularly scheduled payday, unless the payday occurs less than 5 days from resignation, in which case full payment may be delayed until the second regularly scheduled payday, but not more than 20 days from resignation. If the employee is under contract and gives 5 days notice, wages must be paid within 24 hours. If the employee was in charge of accounts, the employer has 10 days to audit the accounts and pay the wages owed. The Any payment guarantees for migrant workers do not apply if the worker resigns before the completion of a 2-week period. If the employee works on commission and does not give notice, the employer has 6 days to pay wages owed. If commissioned salesperson gives 5 days notice, wages must be paid within 3 days. wages owed, up to $10,000 to the surviving spouse. Minn. Stat. Ann , , , , , ,

5 MS MO MT NE NV If the state is the employer, accrued leave must be paid on discharge. day of discharge. The that wages be paid by mail, in which case amounts are due to the employee within 7 days of request. These rules do not apply in the case of an employee who works on commission or a similar basis where an audit is necessary to determine the amount due. Unpaid wages are due and payable immediately upon separation unless the employer has a written personnel policy governing the employment that extends the time for payment of final wages to the next regular payday or to within 15 days of separation. If the employee was discharged for cause, wages must be paid immediately, but, if theft charges are pending, the employer may apply to the court for an order staying payment of wages. payday or 2 weeks from the date of discharge. If the employer is a political subdivision, wages must be paid within 2 weeks of the next meeting of the governing body, if notice of the discharge was given 1 week before the meeting. If less than 1 week of notice was given, wages must be paid within 2 weeks of the next meeting. Wages are due and payable immediately, unless the state is the employer. If the state is the employer, accrued leave must be paid on resignation. If the employee leaves for any reason, accrued leave must be paid. wages or other compensation owed an employee to the spouse, children, parents, or siblings of the employee, in that order. The employer should pay the amounts owed to the chancery clerk if none of the surviving members of above groups are adults. If the estate is administered upon, the employer should not pay amounts owed until further direction. If the employer is the state, accumulated personal leave must be paid. Miss. Code Ann , , Mo. Ann. Stat Employers have until the payday or 15 days from the date of resignation. payday or 2 weeks from the date of resignation. If the employer is a political subdivision, wages must be paid within 2 weeks of the next governing body meeting, if notice of the discharge was given 1 week before the meeting. If less than 1 week of notice was given, wages must be paid within 2 weeks of the next meeting. payday of 7 days from the date of resignation, unless the state is the employer. Mont. Code Ann , Neb. Rev. Stat , days after death of the employee, the employer should pay amounts owed to heirs if those amounts are less than $10,000. Nev. Rev. Stat. Ann , , ,

6 NH 72 hours. next regular payday, but if the employee gave one pay period s notice, wages must be paid within 72 hours. The dispute or layoff for any reason, wages must be paid The wages and commissions of up to $500 to surviving spouse, provided that an affidavit is filed with the employer, the affiant swearing that he or she is the surviving spouse. N.H. Rev. Stat. Ann. 275:42 275:44, 560:20. NJ all wages due by the regular payday for the pay period during which the discharge took place. If the employee is compensated by an incentive system, the employer should pay an approximation until the exact amount can be determined. The employee mail. all wages due by the regular payday for the pay period during which the resignation took place. If the employee is compensated by an incentive system, the employer should pay an approximation until the exact amount can be determined. The employee mail. If the employment is suspended as a result of a labor dispute that involves employees in the employer s payroll department, the employer has an extra 10 days to pay wages. Absent notice of probate, the employer should pay all wages due to the spouse, children, parents, siblings, or person paying funeral expenses of the employee, in that order. N.J. Stat. Ann. 34:11-4.3, 34: NM 5 days. If the employee works on commission or a similar basis, wages must be paid within 10 days. next regular payday. In the case of an industrial dispute, wages are due at the next payday. Any deposits paid to the employer must also be returned at that time. amounts owed to surviving spouse. N.M. Stat. Ann , to NY Wages due on the regular payday. Wages include payment for benefits. When a contract between a sales representative and a principal is terminated, all earned commissions are due within 5 days of termination, or, if not due at the time of termination, within 5 days after commissions become due. If an employee resigns, the employer must pay wages by the regular payday. Wages include payment for benefits. When a contract between a sales representative and a principal is terminated, all earned commissions are due within 5 days of termination or 5 days after becoming due if not due at the time of termination. The wages and pension/ retirement/death benefits of up to $15,000 to surviving spouse, adult child, parent, sibling, niece, nephew, or person paying funeral expenses of the employee, in that order. N.Y. Lab. Law 190, 191, 191-c; N.Y. Surr. Ct. Proc. Act Law NC Wages must be paid on or before the next regular request If the wages are based on commissions, bonuses, or similar systems, then the first regular payday after they become calculable. Wages include sick pay, vacation pay, and any other such sums an employer has a practice of paying. Wages must be paid on or before the next regular request If the wages are based on commissions, bonuses, or similar systems, then the first regular payday after they become calculable. Wages include sick pay, vacation pay, and any other such sums an employer has a practice of paying. N.C. Gen. Stat , ND Railroad employees must be paid at the time of discharge or on demand. Other employees must be paid at the earlier of 15 days or the next regular request An employee who is discharged for cause is entitled to such proportion of compensation as the service rendered bears to the service intended. next regular payday. An employee who resigns for cause is entitled to such proportion of compensation as the service rendered bears to the service contemplated. In the case of an industrial Any deposits given to the employer must be returned. amounts owed to surviving spouse or heirs. N.D. Cent. Code , , ,

7 OH An employer may pay all wages due the employee to the employee s spouse, adult children, or parents, in that order without requesting an estate tax release, or letters of administration or testamentary, when wages do not exceed $2,500. Ohio Rev. Code Ann , OK amounts owed, up to $3,000 to surviving spouse, or, if no surviving spouse, to child, guardian of child, or conservator of estate. Okla. Stat. Ann. tit , 165.3, 165.3a. OR If the employee is discharged or leaves by mutual agreement, wages must be paid immediately. If the employee gives 48 hours of notice (excluding weekends and holidays), wages must be paid by the last day of employment. If 48 hours of notice is not given, wages must be paid by the earlier of the next regular payday or 5 working days from the date of resignation. The The employer and employee may agree to have payment made by direct deposit. In the case of a strike, payday or 30 days from the date of the strike. The employer may pay wages of up to $10,000 to the spouse, and if there is no surviving spouse, to the children or their guardian in equal shares. Or. Rev. Stat , , PA next regular payday on which such wages would otherwise be due. The There will be no violation of this statute if, due to an industrial dispute or other circumstances beyond the control of the employer, the employer cannot prepare the payroll. next regular payday on which such wages would otherwise be due. The There will be no violation of this statute if, due to an industrial dispute or other circumstances beyond the control of the employer, the employer cannot prepare the payroll. In the case of a strike, wages are due at the next regular payday. The employer may pay wages owed of up to $5,000 to surviving spouse, child, parent, or sibling of the employee, in that order. Pa. Stat. Ann. tit ; Pa. Stat. Ann. tit , RI next regular payday. If the employee had 1 year of service, any vacation pay earned under an employer agreement is payable and must be paid by the next regular payday. If the employer is liquidating the business, wages must be paid within 24 hours. next regular payday. If the employer is liquidating the business, wages must be paid within 24 hours. In the case of an industrial Any time after 30 days from the employee s death, the employer may pay wages in the following order: to the employee s spouse; adult children; parents; siblings; or to the person who paid for the funeral, provided the employer knows of no will or similar document and wages do not exceed $150. R.I. Gen Laws SC The employer shall pay all wages due the employee within 48 hours of the time of discharge or at the next regular payday, but not to exceed 30 days. Wages include vacation pay, holiday pay, sick pay, and other compensation due the employee under employer policy or contract. The employer shall pay all wages due the employee within 48 hours of the time of resignation or at the next regular payday, but not to exceed 30 days. Wages include vacation pay, holiday pay, sick pay, and other compensation due the employee under employer policy or contract. S.C. Code Ann , SD next regular payday or as soon thereafter as the employee returns all of the employer s property. next regular payday or as soon thereafter as the employee returns all of the employer s property. In the case of a strike, lockout, or other labor dispute, wages are due at the next regular payday. Any deposits paid to the employer must be returned also. S.D. Codified Laws Ann

8 TN The employer may pay wages of up to $10,000 to the employee s designee or the surviving spouse. If there is no surviving spouse, the employer may pay the wages to the employee s surviving children. Tenn. Code. Ann TX Railroad employees must be paid within 6 days of discharge. Wages must be paid to other employees within 6 days. next regular payday. Tex. Lab. Code Ann ; Tex. Rev. Civ. Stat. Ann. art UT 24 hours, unless wages are determined by commission and require accounting. If there is no written contract, wages and any deposits paid to the employer must be paid at the next regular payday unless wages are paid by commission and require accounting. In the case of an industrial at the next regular payday unless wages are paid by commission and require accounting. Any deposits made to the employer must be refunded. 30 days after the death of the employee, the employer may pay amounts owed to heirs if affidavit is presented, as provided by statute. Utah Code Ann , VT 72 hours. Wages must be paid on payday; if there is no regular payday, then on the following Friday. Vt. Stat. Ann. tit VA Wages must be paid on or before the next regular payday. Wages must be paid on or before the next regular payday. The employer may pay up to $5,000 of wages owed to the employee s spouse, or distributees if there is no surviving spouse. Va. Code Ann , WA end of the established pay period, except in the case of an employee working for multiple employers who cooperate to pay wages. end of the established pay period, except in the case of an employee working for multiple employers who cooperate to pay wages. The employer may pay wages owed of up to $2,500 to the employee s spouse, parents, or children, in that order. If there is a community-property agreement between the employee and the surviving spouse, the employer shall pay all wages due or the portion governed by the community-property agreement to the spouse. Wash. Rev. Code Ann , WV 72 hours. regular payday. If the employee gave one pay period s notice, wages are due at the time of resignation. The employee mail. dispute or layoff for any reason, wages must be paid at the next regular payday. The The employer may pay wages owed of up to $1,000 to the employee s spouse, adult children, parents, siblings, or to the person paying the funeral expenses, in that order. W. Va. Code , a. WI If the employee is not under a contract or a commission payment basis, wages must be paid by the earlier of the next regular payday or 1 month (3 months for logging operation and farm labor employees). Migrant workers shall be paid in full within 3 days after the termination of employment. If the employer liquidates or ceases business operations in whole or in part, wages must be paid within 24 hours. If the employee is not under a contract or on a commission payment basis, wages must be paid by the payday and 1 month (3 months for logging operation and farm labor employees). Migrant workers shall be paid in full within 3 days after the termination of employment. The employer may pay the full amount owed to the employee s spouse, children, or other dependents living with the employee, parents, or siblings, in that order. Wages include unused vacation pay for government employees. Wis. Stat. Ann , WY 5 working days. If the employee is paid on a commission basis, wages must be paid after an audit. 5 working days. If the employee is paid on a commission basis, wages must be paid after an audit. dispute or a temporary layoff, wages must be paid at the next regular payday. The Wyo. Stat ,

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