Electricians, like most workers, expect to be paid on time. It can be frustrating if their paycheck is late and illegal, too.
Employers cannot just decide to pay their workers when they feel like it or delay a paycheck because of some reason like a cash flow problem. State and federal labor laws make it illegal not to pay an employee such as an electrician on their regular payday, just as it is illegal not to pay overtime or less than the minimum wage.
Electricians would normally be paid weekly, twice a month, or monthly, but whatever period is allocated, their wages should be paid on that day. If this fails to happen, the employer may have violated a state or federal late paycheck law and can be potentially sued by their employee.
Late Paycheck Laws
Late pay check rules are part of each state’s labor laws. They do tend to vary somewhat from state to state as do minimum wages.
The federal Fair Labor Standards Act (FLSA) also makes it clear that employers should pay wages on a regular basis and may be penalized if they pay wages late. As an electrician, if your employer has not paid you on time or paid you at all, you should check the labor laws in the state where you work before taking any further action against your employer.
Examples of State Late Paycheck Laws
Late paycheck laws in Texas state that all employees should be paid either twice a month or monthly.
Late paycheck laws in Nevada, which apply to all workers including electricians, state that a penalty may be applied to successful claims against an employer for a late paycheck. Typically, this means an amount equal to the wage that should have been paid for all late days in addition to the normal wage for that period.
Late paycheck laws in Massachusetts state that all employees in the state must be paid regularly either weekly or monthly. It may be common for an electrician to be paid weekly.
Step to Take When Your Paycheck is Late as an Electrician
- Check with your nearest state labor department or agency about late paycheck rules and penalties if an employer misses a payday.
- Write a short, formal letter to your employer about the late paycheck. Keep a copy of this and all recent pay stubs to show evidence of a late paycheck.
- Contact the state labor department in your area and file a complaint with them about your employer’s late paychecks.
- A small amount of late wages could be claimed in a small claims court.
- A larger or more substantial amount owing should prompt you to contact an employment lawyer for help and advice. If the grounds favor you taking legal action, the lawyer may advise filing a lawsuit against your employer.
Throughout these steps, don’t consider resigning from your electrician’s job. Your employer cannot fire you just because you have made a complaint about a late paycheck or because you are about to sue the employer through the court. It is illegal for employers to fire an employee just because they are taking legitimate steps to obtain the wages they are owed.
Find Help
An employment lawyer can advise you about state and federal laws about late paychecks or other wage complaints that you have such as not being paid overtime rates. The lawyer will know whether you have a good case against your employer and what your chances of success are if you decide to take legal action.
You are welcome to fill out the Free Case Evaluation today.
