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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16973
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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We live in New Mexico & work for a University that tells us

Resolved Question:

We live in New Mexico & work for a University that tells us we are temporary part-time contract employees and therefore not entitled to benefits. Every semester we sign our contracts and then have to wait 30 days or more before we are paid anything. They take out worker's comp, taxes, and retirement. But they say we are not "real employees" so they don't have to pay us in a timely fashion. We do not get sick days, or overtime. Our pay is based on the number of students enrolled in our classes. Our supervisor keeps trying to get us paid within 2 weeks of starting work but to no avail. Please help.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for the information. However, I am unclear on what your specific legal question is. Can you clarify that for me? Are you asking if you must be paid more often than once a month?
Customer: replied 10 months ago.

No, We want to know if they can wait 30 days or more after we start work to pay us. In the past I have gone 3 months before receiving any pay. Many of us teach more than 3 classes, but they say we are part-time. Yet I work 40 to 60 hours per week. We are tired of being treated like we are not important. No other employees are treated as poorly.

Expert:  Marsha411JD replied 10 months ago.
Hello again, I apologize but I need a bit more information. Are you an hourly employee or do you get paid a salary or by classes you teach? Also, I am unclear why you are mentioning being treated like your not important. What does that have to do with a delay in receiving your first paycheck of the school year?
Customer: replied 10 months ago.

We are paid based on the number of students in our classes. When we ask why they can't pay us, they ignore us, hang up, or tell us too bad. No other departments' employees are treated that way. Classes started on the 19th of August. This semester we were told that we would be paid in 8 installments beginning on the 30th of August. When we were not paid, I asked payroll why and was told that we would get paid on September 13th.


 

Expert:  Marsha411JD replied 10 months ago.
Thank you for your reply. If the employer is not paying you on your regularly scheduled payday and as agreed, you can file a wage complaint the with State. You can find out exactly how to do that by going to: http://www.dws.state.nm.us/LaborRelations/LaborInformation/WageandHour/WageClaimProcedures.aspx

That said, under NM law, if there is no agreement otherwise and assuming the employer is paying on time on scheduled paydays, an employer need only pay professional employees (instructors and professors would fall into that category) once a month. But again, if your employer is not paying you as agreed, you can either file a wage claim or you can, if you choose, you can file suit against the school.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16973
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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