Unpaid Wages

[may1787, BSN, RN]

I started working for my company in 6/2022. At the time, I was verbally told (and it states in the union contract) that I would be paid an extra $1/hr for my certification and that all I needed to do was bring my certification to HR during sign-on. I thought this money was included in my base pay, but was recently notified by a coworker that it should actually be it’s own line item. I immediately contacted payroll when I found this out and was told that they don’t owe me any money because the union contract says they won’t pay anything beyond 45 days. They said I should have noticed the issue, and that it’s my fault (even though I wasn’t aware, so how could I file a concern). Personally, I find this to be payrolls error for not appropriately assigning the pay after receiving my certification and not providing education regarding what line items (or lack of them) mean on our paycheck.

I contacted my union rep and they said that they had a similar grievance about back pay that went to arbitration and arbitration ruled in favor of the hospital. 
Federal law seems to say that I can sue for back pay up to 2 years (3 if it was willfully omitted), which should supersede the 45 day limit by the union contract right? 

I know it’s a long shot: Has anyone with a union filed in small claims court for back pay and what was the outcome?

[Davey Do]

1 hour ago, may1787 said:

I know it’s a long shot: Has anyone with a union filed in small claims court for back pay and what was the outcome?

When terminated from my last job, my notice stated that I would be paid for all back pay, including accrued vacation. I gave them ample time, received no further pay, wrote a letter requesting the pay, and again received no response. I contacted the Department of Labor via their website and filled out the complaint form.

The DOL requested copies of things that I didn't have, such as the Weekend Option contract, so I just let the matter drop.

Within a few weeks, I received a check from the facility because, even though the DOL did not receive the requested copies, went through with the complaint and got my back pay.

 

[chare]

9 hours ago, may1787 said:

[...]

I know it’s a long shot: Has anyone with a union filed in small claims court for back pay and what was the outcome?

My suspicion, considering that your employer's actions comply with the terms of your contract and they previously prevailed while arbitrating a similar claim, is that they will prevail here as well.

Best wishes.

[kbrn2002, ADN, RN]

You are certainly free to pursue a small claims court ruling that you would likely lose anyway without the backing of a good attorney. I would assume for that small of a claim unless you have an attorney on retainer already good luck finding one willing to take the case.  

I assume you would consider this only after leaving your employment there. Just the threat of a lawsuit by a employee with it's subsequent negative press might just be enough to cause them to pay up just to keep you quiet.  But again, I assume you would only consider the nuclear option if you decide to be no longer employed by them.