When you are hired for a job, your employer should go over when and how you will be paid. You should keep any employment contracts and employee handbooks. Also, maintain documentation, such as memos, emails, notes, paystubs, and copies of timecards.
When you are hired, you should get a job description. They will go over your pay and your pay date. If you aren’t regularly paid on time, or if you are not paid the proper rate, you do have resources available.
Your pay doesn’t have to be too late for you to be able to file a complaint against your employer. If your paycheck is supposed to be issued to you on Friday, and you don’t have your paycheck in hand by Monday, then you may be able to benefit from filing a complaint.
Are There Laws About Late Payments?
The Fair Labor Standards Act (FLSA) applies to employers who have 15 or more employees. The FLSA sets laws and guidelines about employee pay. There have been cases in which employers delayed payroll because of cash flow problems. The employer may not be promptly paid by a customer or may receiving funds from a government agency or bank could be delayed.
The company could have faced an unexpected expense that has put finances in a bind. If an employee files a complaint and alleges that the paychecks violated the state laws or the FLSA and demanded their paycheck, which was late, then they could have a successful case. Courts have determined that the FLSA will view that a late payment is not any different than receiving no pay at all.
Some States Have Their Own Laws
Basically, all states have laws that sets out how much and when employees are to be paid. State laws specify how long there can be between the pay period’s conclusion and when the employee gets paid. Some states must notify their employees in advance of regularly scheduled paydays. This can be done by electronic notification, memo, or by publishing a calendar of pay dates that are set for a specific pay period.
As an example, some employers pay weekly, others pay biweekly, and some pay monthly. State law may establish that an employer must pay employees no later than 30 days after a pay period, so the pay date cannot extend beyond that monthly pay date. If your employer pays you even a day late, then they could face harsh penalties from the Equal Employment Opportunity Commission (EEOC) or the state labor agency.
There are four standard pay day schedules:
- Semi -Monthly
Payroll rules, both weekly and monthly, clearly require employers to pay workers every week or month. Employees must be paid every two weeks under biweekly payday laws, while employees must be paid twice a month under semimonthly payday laws.
Arizona mandates semi-monthly wages, as well as a limit of 16 days between pay checks, so you can't pay your employees twice at the end of the month.
In New York, manual workers must be paid weekly, while all other workers must be paid semi-monthly, but you can pay a manual employee semi-monthly if the labor department agrees.
How to Confront Your Employer
When addressing your boss about your late paychecks, it's critical to consider the best time to approach your boss to get the best answer. When it comes to late payments, it's important that you get straight to the point. Make a list of the most important facts, such as the date of the missed paycheck and the number of times this has happened.
Make sure you simply present evidence and refrain from expressing an opinion. Your boss will be able to provide a faster solution to the late payroll issue by getting straight to the point.
Before meeting with your manager, make sure you have taken the time to relax. When communicating your dilemma to your boss, you should avoid being emotional.
What To Do If Your Paycheck Is Late
If you are not paid in a timely manner from your job, you will want to talk to your supervisor or to the company’s human resources department or payroll manager. You should consult with an employment law attorney who handles wage theft cases.
An attorney will help you get your claim underway. Your lawyer will be able to review the details surrounding your claim, so be sure to have supporting evidence and documentation that shows you were not paid on the time that you were supposed to be.
Your lawyer may contact your employer and may also file a claim with your state employment agency or with the EEOC – whichever applies to your situation. Your lawyer will know how to proceed with your claim and what damages you can recover for your losses. You may be able to recover lost wages and any interests or other damages and costs that apply to your specific situation.
A delayed paycheck can put your family in a financial bind. It can make the difference in whether you can pay your bills, keep the electricity on, or buy groceries.
Paying employees late can be damaging. If you received your paycheck and the checked bounced, then you will face additional charges such as returned check fees, late payment charges, and more. You will want your employer to reimburse you for all those costs.
How a Lawyer Can Help When Your Paychecks are Late
If you have not been paid on time, you should enlist the help of an employment law attorney who handles wage theft cases. Your chances of a successful case increase when you have legal representation.
An employment law attorney is familiar with the state and federal laws that apply to your situation. Time to pursue a claim is limited, so if you wait too long you cannot recover damages. Complete the Free Case Evaluation form on this page today.