I am in a situation with work right now where I am not getting paid,
but I am still working.  My boss, a friend, can not afford to pay me
but is stringing me along because he does not want to pay into
unemployment.  I do not want to get my friend in trouble by calling
the Department of Labor and Industry; however, I would like to take
documents to him showing that it is illegal for him to not be paying
me.

For about 4 months I have been perpetually 4-5 weeks behind in getting
paychecks.  In the past he has always printed a paycheck for me, but
has not signed it.  He told me today that he was not going to print my
paychecks anymore because of the tax liability but he was going to
keep track of what he owed me and would pay me as he could.

I would like someone to research Pennsylvania law and reference all
parts pertaining to my situation.

Thanks!

Hi there,

Pennsylvania's Department of Labor and Industry website can be found
at http://www.dli.state.pa.us/.

On this site I found a copy of the "WAGE PAYMENT AND COLLECTION LAW"
ACT of 1961, P.L. 637, No. 329.
(http://www.dli.state.pa.us/landi/lib/landi/laws-regulations/llc/wpclaw.pdf)
which I believe is the only law that deals with your situation. Some
passages from this law include:

"Section 3. Regular Payday.
Every employer shall pay all wages,
other than fringe benefits and wage supplements, due to his employes
on regular paydays designated in advance by the employer...All wages,
other than fringe benefits and wage supplements, earned in any pay
period shall be due and payable within the number of days after the
expiration of said pay period as provided
in a written contract of employment or, if not so specified, within
the standard time lapse customary
in the trade or within 15 days from the end of such pay period.

Section 6. Unconditional Payment of Wages Conceded to Be Due.
In case of a dispute over wages, the employer shall give written
notice to the employe or his counsel of
the amount of wages which he concedes to be due and shall pay such
amount without condition within the
time set by this act. Acceptance by the employe of any payment made
hereunder shall not constitute a
release as to the balance of his claim.

Section 7. Provisions of Law May Not Be Waived by Agreement.
...
No provision of this act shall
in any way be contravened or set aside by a private agreement."

Penalities for violating this law include:

"Section 11.1 Criminal Penalties.
...
(b) In addition to any other penalty or punishment otherwise
prescribed by law, any employer who
violates any provisions of this act shall be guilty of a summary
offense and, upon conviction thereof, shall
be punished by a fine of not more than three hundred dollars ($300),
or by imprisonment up to 90 days, or
by both, for each offense. The good faith contest or dispute by any
employer of any wage claim or the good
faith assertion of a right of set-off or counter-claim shall not be
considered a violation of this act: Provided,
That the employer has paid all wages due in excess of the amount in
dispute or asserted to be subject to a
right of set-off or counter-claim. Nonpayment of wages to, on account
of, or for the benefit of each individual
employe shall constitute a separate offense."


If you do decide to take this matter up with the Department of Labour
a complaint form can be found at:
http://www.dli.state.pa.us/landi/lib/landi/pdf/llc/llc9.pdf

Hope that's what you're looking for. If not, please feel free to ask
for clarification.
-Deadlychiapet-ga

Search strategy
All US state websites can be found at http://state.xx.us where xx is
the 2 letter state abbreviation. I went to http://state.pa.us and
found the Department of Labour link under State Agencies. I clicked on
Assistance for Individuals and Your Rights as a Worker, which is where
I found the above information.

Time to get a paying job! I wouldn't spend any more time (or legal
effort) trying to collect back wages since it sounds unlikely you will
recoup much, if any with the situation he is in.

And I don't think your friendship will be much after this either.
Tough spot to be in...

Dear Merc,
I can understand your being reluctant to press the issue right now -
after all, this person is your friend.

However, there is a very good chance that the friendship might sour,
or a chance that your personal situation might demand that you take
some sort of action, either with the regulatory authorities or in a
court of law.

In either case, please keep a detailed record, each week, of the hours
worked, statements made, promises made and promises kept. A
contemporaneous record will be invaluable IF you find at some point
down the line that you must take some form of action.

And if you don't have to take any action, or just elect not to, you
can always destroy the record.

Keep a record.  For your own protection. 
weisstho-ga