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"How does one forget to do payroll??"
Jul. 17 2024, Published 3:00 a.m. ET
Tyler Herro made headlines years ago when shirtless gym training pics of him surfaced on the internet with a pair of red ink tattoos that read: "NO WORK NO CHECK."
It's a pull yourself up from your bootstraps philosophy that have helped a lot of people establish successful businesses and careers for themselves.
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The reverse of this philosophy, arguably, is also true: If you're putting in work for an employer and they're not giving you your check, should you continue working for them?
A TikToker named Devon "Sweet D" (@devondittmer) posted a viral clip to the popular social media application decrying management at her job of five years for neglecting to run payroll ... again.
"I just walked out of my job because I was supposed to get paid today and my boss forgot to run payroll, so I'm not going to be getting paid today. So I've decided that I'm not going to do any work until I get paid for that work," she says as she looks into the camera, rocking a pair of sunglasses.
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@devondittmer Baby don’t work for free #payday #corporatelife
♬ original sound - Sweet D
Devon goes on to say that this isn't the first late payment occurrence she's experienced: "This has happened maybe three or four times in the almost five years that I've been working here where she just forgets to run payroll and me or one of my co-workers has to remind her hey we're supposed to be getting paid because that is our transactional relationship," she says, motioning with her hand from her chest towards the camera.
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Devon goes on to explain what the nature of working a job is — folks aren't doing it just for fun.
"I don't come here for the f---- fun of it. So, am I being unreasonable? Am I the a--hole? Honestly I don't give a f---," she says into the camera as the video closes out.
It seemed that there were several other folks who agreed with Devon's "Baby Don't Work For Free" philosophy (which she shared in a caption for the video).
One person wrote: "Good for you for walking out. I would have too."
There were others who didn't think the manager just "forgot" to initiate payroll for employees.
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"No one just forgets to run payroll!" one person said.
While someone else remarked: "An owner thinks about payroll every day. Every. Single. Day."
There were others who thought that simply walking out was now enough: "File a complaint with the labor board!" they penned.
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"How does one forget to do payroll??" another user on the application wrote in response to the clip.
Some folks spoke from personal experience, like this one person who suggested that the reason why workers weren't getting paid is because the business didn't have enough to cover their expenditures.
"She didn't forget ... she knew there wasn't enough money to cover payroll! Been there, done that," they wrote.
There was another user on the application who shared their father's philosophy when he was running his own business and he was hell-bent on ensuring workers were receiving their payouts first: "My dad ran his own business. He always said employees get paid before anyone, including vendors and himself."
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This was a philosophy shared by someone else who said that they work as an office administrator: "As an office admin, I have never and could never forget payroll! The employees have to be paid, no question about it."
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Find Law published a lengthy piece about workers' right[s] to a timely paycheck, including the steps employees should take if they're not being compensated in a timely fashion.
They wrote that the first course of action is to contact your employer in writing and ask for prompt payment of the wages owed to you," followed by filing an official wage claim with a state's labor agency or attorney general.
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Next up — folks are encouraged to file a complaint with the Department of Labor's Wage and Hour Division and then sue their employer in small claims court or superior court for the amount owed.
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The online resource went on to state that according to the federal government's Fair Labor Standards Act, you have two years to lodge a formal complaint about a late payment from an employer. They added that individual state laws also play a factor in these grievances as well, so make sure to look at more granular cases when it comes to your particular area's laws.
If you have an issue with a late/incorrect payment from an employee or have any paycheck gripes whatsoever, hit up the US Department of Labor's Wage and Hour Division here.
