Farm workers often work long hours and expect to get paid on time. When their employer fails to pay their wages on time it can make things very difficult for the farm worker and his/her family who may have regular bills to pay.
Each state determines when farm workers should be paid. There are some differences between the states, but with only two exceptions, each state spells out when paychecks should be paid.
If an employer does not pay wages on time, it may be a violation of either the state labor laws or the federal Fair Labor Standards Act (FLSA) and this may mean that you can sue your employer for late payment.
Late Paycheck Laws
If you as a farm worker have been paid late or haven’t yet received your regular paycheck on the usual payday, you should check with your state labor agency about the state rules on late paychecks. The main similarities between the states and federal labor laws is that the employer must specify which day they pay wages and then continue to pay regularly on that day.
An employer cannot just decide to pay wages when they feel like it. The differences between states are the periods that paychecks should be paid and other labor laws concerning employees such as minimum wages. Some states have specific payday periods for farm laborers.
Examples of State Late Paycheck Laws
Late paycheck laws in Massachusetts state that employers must pay their employees weekly or monthly. Many farm workers would expect to be paid each week on the same day.
Late paycheck laws in Texas state that all employees must be paid on a regular day, which must be at least twice a month. The state labor laws in Texas do not specify the actual amount which can be claimed if a farm worker sues an employer for a late paycheck.
Late paycheck laws in Illinois state that all employees are paid regularly on a semimonthly basis.
Step to Take When Your Paycheck is Late as a Farm Worker
If you have not been paid on the regular payday, you should first check whether the state you are working in has specific late paycheck laws and whether the laws have any specific ones for farm workers.
Once you know whether you have the right to make a complaint, write a letter to your employer asking it to pay you what you are owed. Remember that no employer can just fire you because you have questioned them about wages that are owed.
Most farm workers are employed at-will, which normally means that an employer can just fire them when they feel like it. This does not apply to retaliation for legitimate claims about wages. Then follow these steps:
- Next, if you get nowhere with your employer, take your complaint to the nearest state labor department or agency with evidence of your late paychecks.
- You can claim what you are owed in a small claims court if the unpaid wages are relatively small in amount.
- If the amount owed is quite substantial, or you have problems with any of the steps above, you should contact an employment lawyer to find out what you can do to recover the amount owed.
Find Help
If you have not been paid on time, this may be a violation of state or federal labor laws and a claim against your employer should help to force it to pay what is owed plus an extra amount, which in some states is equal to an additional payment equal to the wages that you may be paid for the number of days late. Contact an employment lawyer for help with a claim.
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