Can my employer withhold 10 days 57.2 hours of pay from my paycheck due to putting the entire company on the say pay roll dates.
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Can my employer withhold 10 days 57.2 hours of pay from my paycheck due to putting the entire company on the say pay roll dates.
The company is standardizing the pay period for all employees. I will lose 10
day of pay in June. They said that on the employees last day of work is when
they will pay the employee back the 10 days of lost wages. Is that legal?
Asked on April 12, 2016 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, they can't refuse to pay you, and they can't also withhold the pay indefinitely (i.e. until your last day of work, at some indeterminate future date), and if they do, you could bring a complaint to your state labor department and/or sue them for the money.
Some reasonable disruption in payroll schedule--but only the minimum reasonable disruption necessary--would be allowed. For example; say that getting paid every two weeks would have led to you being paid April 8, but the company wants to go to semi-monthly pay: everyone paid on the 15th of the money and the last day of the month. That would delay the check you'd have gotten 4/8 to 4/15 to get you "on schedule." That would be allowed. But to hold your pay until your last day could be to hold it for years--that is not legal.
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