Compensation and Overtime: Direct Deposit Reversal Without a Direct Deposit

samedi 31 janvier 2015

My question involves employment and labor law for the state of: New Jersey.



Good Afternoon.



I am here looking for a little insight on an issue at work. But first, a little background. I am a municipal employee who works full-time, and I have direct deposit bi-weekly. In the past there have been various problems with direct deposits such as short payments, a few overpayments, as well as some tax calculation errors (always in favor of payment, never in favor of the employee) that were resolved over time. The payroll itself is handled by a finance department for the municipality, and there is a bank as well as payroll company involved.



Moving to the problem identified: On the date that payment was due, no direct deposits were received by any township employee. As there were many angry folks milling about, finance declared the problem was with X bank, and that deposits were not made on Friday morning because of a snowstorm that effected the office on Monday into Tuesday. As a short aside, my specific department turns in payroll adjustments on Wednesday at the end of the business day (not sure if this helps to identify when payroll is physically submitted.)



Continuing on: Finance employees eventually get physical checks for all employees by end of business on Friday declaring the same "problem with the bank's ability to deposit" and employees pick up there physical checks.



Saturday morning: Some (of which I cannot estimate a percentage yet, but enough that it was obvious due to phone calls) employees, but not all employees, had a direct deposit "reversal" for the amount that their direct deposit SHOULD have been. In short, I have a paper check in hand for $x.xx that needs to be deposited. I have a bank account that has an ACH "reversal" withdrawal of the same, $x.xx. So I have been paid zero dollars, and a direct deposit reversal occurred to a direct deposit that never happened. Although I am not in a serious financial pickle over this, many employees were unable to pick up their physical checks, and thus are significantly overdrawn.



It is my understanding, in generalities, that a reversal can only be for the exact dollar amount of a direct deposit. In this case, there was no direct deposit at all. What I am looking for here is a push in the right direction for where I can find the actual statutes that regulate this activity to help to find out where this broke down, who is at fault, and who hold the responsibility for the problem. I'm not looking at getting into a legal action over it, but just to identify what laws were broken, by whom, and how so that it can be identified.



I study law, however I have yet to come upon any type of financial law. So I am familiar with legal research, but this new area is well outside of my area of familiarity. As I stated before, the jurisdiction in New Jersey.



Thank you very much for any help that you can provide.



-S





Compensation and Overtime: Direct Deposit Reversal Without a Direct Deposit

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