Though you may not experience a later paycheck as a fast food worker, there are always some cases where fast food workers may constantly be receiving late paychecks. This is not permitted under either federal or state laws.
Any employer who violates the late paycheck law may be subject to a penalty and you may be entitled to compensation. If you are a fast food worker and your paycheck is late, you must check your state’s employment laws before taking any further action by filing a lawsuit.
Late Paycheck laws
Late paycheck laws are not necessarily the same state by state, so you need to know yours before filing a late paycheck claim. Both federal and state laws set a requirement that every employer pays their fast food workers on the specified day agreed in the employment agreement.
For a fast food worker, the paycheck may normally paid weekly, or each fortnight. If your employer fails to provide a paycheck on the agreed day, this could be a violation of the law.
Late Paycheck Laws By State
Late paycheck laws in Arizona state a fast food worker employer must provide their fast food workers with paychecks for every hour worked. An employer must decide on the frequency of paychecks which have to be two or more days every month and not more than 16 days apart, as fixed paydays. If a fast food worker believes their employer has paid their paycheck late s/he may be able to file a wage claim with the local labor department.
For the late paycheck laws in Oregon employers are required to pay regular paychecks to Oregon fast food workers. You need to be paid on a regular payday and your paydays cannot be more than thirty-five days apart. Employers are not permitted by law to delay or withhold your paychecks as a type of discipline.
Steps to Take When Your Paycheck is Late as a Fast Food Worker
Before you take any legal action against your fast food employer, talk the matter over with your supervisor about your late paycheck. If there is no response and you know that your late paycheck is your employer’s fault you should at this point consider taking legal action.
- Contact your employer by letter, asking it to provide you with a paycheck for the amount of wages owed.
- If your employer does not respond to your concern, you should consider filing a complaint with your closest state labor department or agency.
- If your late paycheck claim isn’t too big, you may be able to file a claim with the small claims court near you. You should not ever consider leaving your job because your employer is not allowed to fire you because you are filing a complaint about a late paycheck. As a fast food worker, you are employed on at-will employment terms. Your employer isn’t permitted to fire you for filing a claim for a late paycheck.
- You should find a suitable employment lawyer to discuss what your legal options are for the late paycheck,
Find Help
An employment lawyer has the experience to provide you with the best advice if your employer has violated a state or federal late paycheck law. S/he will work on your behalf if you decide to file a lawsuit for compensation for your late paycheck.
If you have not been paid on time, this may be a violation of state or federal labor laws. If you file a claim against your employer this may help to force it to pay at least the amount owed, plus an additional 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.
Do not hesitate to fill out the Free Case Evaluation today.
Additional Resources
- Can An Employer Withhold Paychecks?
- What Can I Do If My Employer Keeps Paying Me Late?
- Is It Illegal to Steal Tips?