Home Your State The Work Place Compensation & Taxes
Getting Paid
Wages
Overtime
Garnishment/Other Deductions
Other Pay Related Issues
The Fair Labor
Standards Act (Good)
Your rights to wages, overtime, and exemptions.
Late Paychecks-Case Law & What To Do (Consumer-SOS)
State and Federal law may require you to be paid at least twice a month or at
least paid promptly. If the employer is late, here's what you can do.
Docking and Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so.
Are Payroll Debit Cards With Fees Illegal?
(Consumer-SOS)
It depends
on the specific laws in your state. Some states have ongoing class action
law suits. But a victory in one state may not affect the laws in another.
Yet even when your state favors payroll debit cards, the use of such could
be illegal when the fees make it so you're being paid less than state or
federal minimum wage.
Basics On Tips And Minimum Wage
State-By-State
Payday Requirements
Deadline For
When Your Ex Employer Must Pay You Your Final Pay Check (Chart For All 50
States)
The law in every state is different and some states have no law on this at all.
For Illegal Wage Withholdings (Wages Are Not Salary)
See Garnishment/Other Deductions
Minimum Hourly Cash Wage For Tipped Employees Under State Minimum Wage Laws
(Most of States & DC)
Minimum Wage Laws In Each State & DC
State Payday
Requirements (All 50 States & DC)
Employment Standards Administration Frequently Asked Questions
This page can give you answers to questions on topics including “Pay and Overtime” and
“Child Labor” that may help you determine if your employer is violating the law.
Salary & Wage Websites
Where Else To Go For Help
Payday Laws & Your Right To A Timely Paycheck
Has chart when states require you get at least two paychecks a month. Some
states require workers to be paid weekly. Under FLSA, employees can get extra
damages for late paychecks.
I Was Fired For Not Working When
My Employer Kept Paying Me Late!
Find out your rights to be reinstated, get unemployment benefits or get damages
under the Fair Labor Standards Act.
Are Payroll Debit Cards With Fees Illegal?
Even if your state allows for payroll debit cards, the
employer may still be liable if they fail to comply with all consent, fee
notice, and other requirements. Also it could be illegal in your state,
regardless of local law, if the fees deducted make it so
you're being paid less than state or federal minimum
wage.
Payroll Debit Laws State
By State
Even if your state says it's legal, check your state's law
to see if the employer followed through with all
required consent, fee notice, and other obigations. If not, they may be
acting illegally.
Is There A Class Action In Your State On Payroll Debit Cards? (Google)
(For best results, add your state to the Google search box)
Your Rights When Fired For Not Working When You Were Paid Late!
1. The
Right To Get Your Job Back:
Probably not. Under the Fair Labor Standards Act, the employer cannot retaliate
against you for reporting to the Department of Labor that there’s violations of
the law. However, you were fired before reporting such, not after. So
there's no retaliation here. Even if the employer is fined and
investigated, it probably means you're out of luck.
However, you may want to discuss it with
the Department of Labor or a labor law attorney. Perhaps they can persuade
the employer to rehire you “voluntarily.”
2. The
Right To Collect Unemployment Insurance
Probably yes. When you are fired, you can normally receive unemployment if
you were not at fault in the discharge. See (Your
State's Brochure on Unemployment Insurance). Here, you didn’t work because you weren't being paid on time. That's a
good enough reason to quit, and here you were fired! Plus the
manager told you it was OK not to work until you're being paid. So you are
not at fault and should be entitled to benefits.
3. The
Right To Collect Damages For Wrongful Discharge or Violation of State and
Federal Laws Such As The Fair Labor
Standards Act
A definite maybe. The laws for
wrongful discharge vary from state to state and I
won't address these here. Under the federal Fair Fair Labor Standards Act (FLSA)
various courts have held that employees can collect additional damages for late
payments, even when they have already received their paycheck. This amount
can be equal to the amount that was paid late. See
State Law and
Federal Case Law on Late Paychecks.
For legal help, you can also call
your U.S. or State Department of Labor
State Law
Many states have
If your state has a similar law, insist that your state department of labor investigate if there are violations of such. If they decline, remind them that as a state agency, it's their duty to enforce state labor laws. If they won't, find out who in the state will. You can also reach out to your local newspaper or congressperson.
In all states, the employer must pay at least minimum wage to those covered by the Fair Labor Standards Act. If your paychecks are coming in late, than for a certain amount of time, you are NOT being paid minimum wage. Rather you are being paid $0 in wages. See FLSA law below.
FLSA Case Law on Late Paychecks or Late
Payment of Overtime
The US Fair Labor Standards Act applies to all 50 states and DC.
Courts have held that it requires all minimum wage and overtime payments to be paid
"promptly." Generally this means as soon as possible after the end of a pay
period.
Various
courts have held that employees can collect additional damages for late
payments, even when they have already received their paycheck. This amount
can be equal to the amount that was paid late.
There are some exceptions though. For example: An employer doesn't violate the prompt payment requirement if it changes the pay schedule and the change is made for a legitimate business reason, like a change in accounting methods, and the changes don't cause an unreasonable delay in payment.
See
Martin v. US (2014 Case from The United States Court of Federal
Claims that hears monetary claims against the U.S. government)
Click
here for what
Martin v. US means in plain English!
In the above case,
there
was a FLSA violation when employees who worked during a government shut down
were not paid on their normal paydays. Instead, they did not receive this
compensation until approximately two weeks after their regular paydays had come
and gone. This is a good case because it may be
persuasive in all 50 states. It also cites many cases in other federal
jurisdictions which may apply to you.
See also Rogers v. City of Troy New York (1998) (FLSA requires prompt payment of the minimum wage and promptness is determined with respect to the employee's regular payday); See also, Biggs v. Wilson, 828 F. Supp. 774 (ED California 1991) (Failure to promptly pay plaintiffs' paychecks violates Fair Labor Standards Act, but court found under the circumstances that additional damages not necessary per FLSA law 29 U.S.C Section 216(b) (Affirmed in Biggs v. Wilson, 1 F.3d 1537 (9th Cir.1993)).
Suggestions By Other Lawyers on What to do
http://ask-a-lawyer.freeadvice.com/law-questions/paycheck-getting-disperse-71690.htm
You should immediately contact your state's department of labor and explain that
the employer is violating the law by improperly withholding payment and not
paying on time. Do not be surprised if the labor department is not immediately
on top of it, but be persistent and put all of your correspondence in writing.
Your employer (if it discovers you are the one who involved the state) cannot
retaliate against you for informing the state of an employer's labor/wage
payment violations. The other alternative is to seek employment elsewhere or
another secondary job and then sue your employer for those monies plus interest
or late fees you incurred for not having your paycheck in time.
Docking and Employee's Wages Or Salary
Docking A Worker's Pay (Salaried Workers)
When you can and cannot do so.
Docking The Pay Of Salaried Employees Who Are Exempt From Overtime
Generally, if an employee is paid on a salary basis and meets the job criteria
of an administrative, executive, or professional employee (the so-called "white
collar" professions), the employee is exempt from the overtime provisions of the
FLSA. However, many employers unintentionally jeopardize this exemption by
instituting pay and disciplinary policies that treat these employees as if they
are nonexempt.
Docking A Salaried Employee For Mistakes
Subject to exceptions listed here, an exempt employee must receive the full
salary for any week in which the employee performs any work, regardless of the
number of days or hours worked. Deductions can't be made simply because there
were "mistakes". However, penalties can be "imposed in good faith for
infractions of safety rules of major significance; or for unpaid
disciplinary suspensions of one or more full days imposed in good faith for
workplace conduct rule infractions." If your mistake does not fall into these
categories, call your state and federal department of labor for guidance.
Note, if an employer routinely makes improper deductions from exempt salaried employees, the employer may be in serious trouble. It could transform a salaried worker into a wage worker and make the employer liable for retroactive overtime! Imagine all those hours you worked over 40. If the employer loses in a lawsuit, they would have to pay you overtime for such!
FAQs On Paying Overtime and Docking Wages Due To Absences
Deadline For
When Your Ex Employer Must Pay You Your Final Pay Check (Chart For All 50
States)
The law in every state is different and some states have no law on this at all.
Overtime
Your rights to wages, overtime, and exemptions.
Overtime-Who Is and Is Not Entitled To It
Who
Cannot Get Overtime Under The Fair Labor Standards Act
Explains who's not covered by FLSA with examples of what it means to be an exempt professional, administrator, etc.
Late Overtime or Late Paychecks (Consumer-SOS)
You right to collect damages when the employer is late with your paycheck or in
paying you overtime.
Fair Pay
& Time Off (Nolo Articles)
FAQ's on wage & hour laws and more.
The
U.S. Department of Labor
Enforces compliance with Federal wage and hour laws.
State
Labor
Departments (All 50 States & DC)
Enforces compliance with State wage and hour laws.
Back To Top
Garnishment/Other Deductions
When
It's Illegal To Withhold A Worker's Wages
(Consumer-SOS)
Wage Garnishment
The Consumer Credit Protection Act (CCPA) protects employees from being discharged
by their employers because their wages have been garnished for any one debt and limits
the amount of employees' earnings which may be garnished in any one week.
Deductions From Wages For Uniforms & Other Items Under The Fair Labor
Standards Act
The Fair Labor Standards Act does not allow uniforms, or other items considered
primarily for the benefit or convenience of the employer, to be included as wages.
Employers may therefore not credit the cost of these items toward paying minimum wage
or overtime.
The
U.S. Department Of Labor
Enforces compliance with Federal wage and hour laws.
State
Labor
Departments (All 50 States & DC)
Enforces compliance with State wage and hour laws.
Deadline For
When Your Ex Employer Must Pay You Your Final Pay Check (Chart For All 50
States)
The law in every state is different and some states have no law on this at all.
Where Else To Go For Help (Consumer-SOS)
Pay Related Issues
Tax Matters (for Wages, Tips, W2s,
etc.)
Pay-Day
Loans=Costly Cash (FTC Brochure)
Learn about your legal rights & alternatives.
Handy Reference Guide
To The
Fair Labor Standards Act
Basics of what the Act does and does not cover. Includes federal guidelines
for record keeping that employers must comply with.
Deadline For
When Your Ex Employer Must Pay You Your Final Pay Check (Chart For All 50
States)
The law in every state is different and some states have no law on this at all.
Misc. Work Issues
For quick facts on wage and hour laws, sexual harassment, racial and religious discrimination,
American With Disabilities Act, pregnancy discrimination, disability discrimination and how to file a charge with
the EEOC.
Where
To Go For Help In Your State
These
agencies may be able to help you with problems concerning overtime pay, minimum
wage issues and employee benefits.
It is against state and federal law for an
employer to keep any portion of
your
wages,
if for any length of time this causes you to earn less than the minimum wage.
Examples Of Illegal Wage Withholdings Activities Include:
a.
Failure to pay a worker the wages he earned because she made a mistake or didn't do a good
job.
b.
Failure to pay wages due because the worker breaks a company policy or is fired.
c. Failure to pay a worker's wages because he quit with out first giving the employer two weeks notice. Often this can happen when the worker is made to agree beforehand that he must give proper notice or forfeit his last paycheck. But contract or no contract, the right to a minimum wage cannot be given up. No matter what you signed, the employer must still pay you at least the minimum wage.
See Also
Docking and Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so.
Back To Top
Your State Help Agencies
Your State Department Of Labor
Your Local US Department Of Labor
Your Local
Legal Aid Office
Your State Department Of Revenue
Your State Department Of Consumer Affairs
The licensing or regulatory agency (if
any) that
regulates the business.
The Internal Revenue Service
Back To Top
Time Off, Breaks & Meals
Because state laws vary on time off
and breaks, particularly for minor
employees, it’s important to check the
laws in your particular state.
Minimum Rest Period Requirements Under State Law For Employees in
The Private Sector
Note: If you can't find your state, you probably have no rights unless, of
course, you work
for the government.
Jury Duty & Being A Witness (Consumer-SOS)
Docking and Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so.
Fair Pay
& Time Off (Nolo Articles)
FAQ's on wage & hour laws and more.
Lunch & Other Breaks
Minimum Length of Meal Period Required Under State Law For Employees in
The Private Sector
Note: If you can't find your state, you probably have no rights unless you work
for the government.
Paid Time Off
And Breaks
Employment Standards Administration’s frequently asked questions about paid sick and
vacation leave and breaks.
Fair Pay & Time Off For Minors
(Consumer-SOS)
Family
And Medical Leave Act (FMLA)
Allows employees to balance their work and family responsibilities by taking unpaid leave
for certain reasons. The FMLA applies to any private-sector employer who is engaged in
commerce or in any industry or activity affecting commerce, and who has 50 or more
employees.
The Family And Medical Leave Act of 1993
From GA but applies to every state.
Paternity Leave And The Family Medical Leave Act
The Family
Medical Leave Act-A Compliance Guide (Good)
On-the-Job
Benefits and Policies, Including Pregnancy and Family Leave
Learn how women can protect themselves from a host of discriminatory work
policies.
Birth and Adoption Unemployment Compensation Final Regulation
The Labor Department has issued the Birth and Adoption
Unemployment Compensation Final Rule. This rule allows states to provide partial wage replacement
under the unemployment compensation program, on a voluntary, experimental basis, to parents who
take leave or who otherwise leave employment following the birth or adoption of a child.
State
Departments Of Labor (All 50 States & DC)
Enforces compliance with state wage and hour laws, including breaks and time
off.
Required Workplace Posters
Federal laws require several posters to be displayed in the workplace. As always, State laws may require additional
posters to be displayed in addition to or instead of the posters required by
federal law.
The
Working Women's Legal Survival Guide
(Outstanding)
Covers any problem, any right and any legal remedy a working woman could have!
Excellent for men too (In most cases).
Taxes
And Tips
Information for you if part of your income is derived from cash tips.
Taxpayer Advocate Service
How to get assistance if you are experiencing a problem dealing with the IRS or if you are
suffering a significant hardship as a result of the administration of the tax law, including
information about your rights as a taxpayer.
Form W-2 -- What To Do If Not Received
What to do if your employer fails to provide you with a W-2 Form by the end of January
and what to do when you leave a job before the end of the year and still need your W-2
form.
Back To The Work Place
For More See Consumer-SOS-Taxes
Union-Related Organizations
National Labor Relations Board (NLRB)
Investigates and provides remedies for unfair labor
practices by employers and unions.
Trade Unions & Labor Organizations
All Purpose Help Agencies
United Way Help Line
(For
All 50 States, DC & Puerto Rico)
Choose
your state, select your city, and look up help agencies in every state &
city.
Their stellar search engine can lead you to both government and non-profits
alike. Just type in the
words "Discrimination" and employment" or whatever words
best describe your topic.
Back To The Work
Place