Plumbers who work for an employer rather than for themselves get regular weekly or fortnightly wages. When these wages are delayed or the paycheck is late, it can be more than just an inconvenience.
Plumbers, just like any other workers, have bills to pay and need to be paid on time. Employers are legally obliged to pay a wage on a regular pay date.
If an employer fails to pay the wage due by the regular pay date, then this may be in violation of federal or state employment laws.
As long as the employee has sufficient evidence of late payments, he or she can file a complaint with the state labor department or agency. The employer may be forced to pay all late wages and an additional amount due to the violation of existing employment law.
Late Paycheck Laws
Each state has slightly different late paycheck rules. Some are stricter than others, while some don’t make it compulsory for employers to make wage payments on time.
The Fair Labor Standards Act (FLSA) is a federal law that does make it compulsory for all employers with 15 or more employees to pay wages on time.
There may be penalties imposed on employers who violate these late paycheck laws.
Employment law is quite complex and you do need to know your rights if you intend filing a complaint, so do check out both state and federal laws as they apply to your own situation before taking further legal action.
Examples of State Late Paycheck Laws
Late paycheck laws in the state of New York mean that plumbers must be paid weekly except in certain situations where the employer employs many plumbers.
The weekly wage must be paid no later than 7 days after the week that has ended in which the plumber worked.
Late paycheck laws in North Carolina allow paychecks to be paid to plumbers daily, weekly, bi-weekly or monthly, but whatever the payment day, it must be regular and is means that ad hoc payments of wages are illegal in North Carolina.
Late paycheck laws in Nevada state that a penalty may apply to an employer if irregular or late paychecks occur. The employer may be liable for additional penalty payments equal to the amount of wage owing that is late.
Step to Take When Your Paycheck is Late as a Plumber
- Find out what the state and federal laws are where you work as they apply to late paychecks. For example, Nevada may be different to New Mexico or California and the FLSA only applies to employers who employ more than 15 employees.
- If you think your employer is persisting in paying you late deliberately for some reason, write a formal letter to your employer stating the fact that your paychecks have been paid late and that this is not permitted in state / federal legislation. Keep a copy of the letter as evidence.
- File a complaint with the state labor department nearest you giving details of when your paychecks have been late with evidence.
- The Labor Commissioner may investigate the complaint and at some point may advise you take legal action through the courts.
- What you do next depends on how much you are owed, how often the paychecks have been late and state or federal penalties. You can file a claim through the small claims court for smaller amounts and a lawsuit for larger claims with the help of an employment lawyer.
Note that if you are making a legitimate formal complaint or taking further legal action against your employer to recover unpaid wages, or pay additional amounts as a penalty, your employer cannot fire you.
An employer, even one who has employed you as a plumber on an at-will employment basis cannot just fire an employee for insisting that they are treated according to the law.
Find Help
Employment law is notoriously complex and it is worth getting help from an experienced employment lawyer before taking any action against your employer if you are experiencing late paychecks on a regular basis or are not paid correctly.
You are welcome to fill out the free case evaluation today.
