If you are a welder, you work long hours for your money. You have a hot, and often dangerous job, but you meet a variety of needs. When you were hired by your employer, the two of you agreed on your wages as well as your pay frequency.
If you do not receive your paycheck on time, you may be a victim of wage theft. You do have laws to protect you and there are resources available to support you. You will need to gather supporting evidence and documentation and consult with an employment law attorney who is familiar with the applicable laws. You should also do your research and understand your state’s late paycheck laws and how they apply to your specific situation.
Always keep documentation related to your work, such as employment contracts, employee handbooks, copies of paystubs, copies of timecards, and other work-related documents. You may need this evidence should the need to pursue a claim against your employer arise at some point.
Late Paycheck Laws
While there are federal laws that apply to minimum wage, overtime, and so forth, each state sets its own laws regarding pay frequency. The pay frequency requirements could be monthly, semi-monthly, bi-weekly, or weekly depending on the state and the job role. Here is a look at some of the different state late paycheck laws.
Missouri late paycheck laws indicate semi-monthly paychecks. New Jersey late paycheck laws indicate semi-monthly pay but a bona fide executive, supervisory or other special classification of worker can be paid monthly. Montana late paycheck laws do not establish a time period or time when wages are due and payable, but the pay period is presumed as semi-monthly in length.
Utah late paycheck laws indicate that workers who are paid a yearly salary can be paid monthly, but otherwise workers should be paid semi-monthly. Late paycheck laws in Virginia state that employees whose weekly wages total more than 150 percent of the average weekly wage of the state can be paid monthly upon the agreement of that worker, but otherwise, bi-weekly or semi-monthly pay is expected.
Steps to Take When Your Paycheck Is Late as a Welder
If you are a welder whose paycheck is late per your state laws, you will need to take action against your employer. You should start by giving your employer benefit of the doubt.
Speak with the company’s human resources (HR) department and provide copies of evidence to support your claim. Be sure to document your meeting, making note of the date, time, and representative as well as the response.
If your issue does not get resolved by HR, you will need to take your claim to the next step and speak with the state’s Wage and Hour Division. They will review your evidence, investigate your situation, and then take your claim to the next level.
They will work with your employer to try to get you paid and to get the issue resolved. If they cannot reach a satisfactory settlement for you regarding the issue, they will provide you with documentation and suggest that you file a lawsuit against your employer for wage theft.
When you file a lawsuit, your claim may be decided by a judge or a jury. They will determine how much you are owed plus any damages that you are entitled to receive because your employer violated state employment laws. The damages may depend on your employer’s history regarding such actions and if there is an ongoing pattern of such behavior.
Finding Help
If you have been the victim of a late paycheck as a welder and the issue has not been resolved, you should enlist the help of an employment law attorney who is familiar with the state and federal laws that apply to employment issues. When you meet with the lawyer, be sure to discuss payment options because some lawyers will require a retainer to be paid in advance while others will take the case solely on a contingency basis.
Your lawyer will investigate your claim and gather additional evidence and documentation to support your claim. You do have limited time for pursuing a wage theft claim after a late paycheck, so make sure you get your claim underway in a timely manner.
If your paycheck as a welder was not delivered on time, complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney who handles employment law matters in your area.
