When it comes to ensuring that workers are paid, there are laws that are enacted by each state that applies to payday. These laws establish when a worker must be paid, and if you are not paid on time then the employer has violated laws. Even if your check is a day late, it could be considered wage theft. It is important that you know your state’s laws and your company’s policies regarding payday. You will need to keep track of your pay and your hours to make sure that you are paid for all the hours that you have worked and that your paycheck is right.
Late Paychecks
If your employer doesn’t pay you on time, there are resources available and you do have options about how to handle the situation and get the funds you are entitled to receive. How you to decide to proceed with your claim from this point is dependent on your decisions. You should assess the situation and then review your options to determine the best way to proceed with your claim for a late paycheck.
You need to research your state laws regarding late paychecks. Every state has its own laws, and what you can do and the penalties that employers can face can vary greatly from one state to the next. In most states though, the first step is for you to make contact with your employer about the late payment. You will report your failure to be paid in a timely manner to a supervisor or to human resources.
You should maintain documentation to support your claim. You should keep copies of any timecards or time sheets. It is important to keep a copy of all the documentation of the time that you worked, and provide proof that you were not made in a timely manner for the wages that you earned and were entitled to receive. While some states allow monthly paychecks, others may require that payment be made weekly or bi-weekly. In those cases, if your check is just a day late then they have violated the laws.
Here are some of the state laws regarding paychecks:
- New York state requires weekly paydays for manual workers and semi-monthly is permitted upon approval for manual, clerical, and other workers.
- Virginia establishes that employees who earn weekly wages that total more than 150 percent of the average weekly wage of the state may be paid monthly with the agreement of each employee who is affected.
- North Carolina does not specify, so paychecks can be distributed daily, weekly, bi-weekly, semi-monthly, or even monthly.
- In California and Michigan, the frequency of the paydays depends on the worker’s occupation.
- Massachusetts permits semi-monthly and even monthly paydays in certain circumstances.
- Nebraska lets the employer designate the payday, but the employer must be consistent and let the employees know the pay date.
Damages For Wage Theft
If you have been the victim of wage theft that occurred because your paycheck was late, you can recover compensation to take care of your damages. If you make a complaint to your employer about not receiving your paycheck, and they don’t address the problem and give you your pay, then you may be entitled to receive damages for your situation.
Damages include your unpaid wages plus interest, lost benefits, and mental anguish. An employment law attorney will be able to determine your losses and help you gather the supporting documentation that you need to prove that you didn’t receive your paycheck on time and that your employer does owe you wages for the time that you worked.
How An Employment Law Attorney Can Help
If you think that you have been subjected to wage theft by your employer, or if your paycheck was not received on time and your employer has not corrected the problem, you should contact an employment law attorney. An attorney will be familiar with the state and federal laws that apply to your situation. An attorney will be able to determine the best way to proceed with your claim and will make sure you are treated fairly throughout the claims process.
You should go over the payment process with your lawyer as some employment law attorneys take cases on a contingency basis and others require a retainer to be paid upfront. Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles wage theft claims in your state. You have a limited time to pursue a claim against your employer.
