Cay employer change pay from weekly to bi-weekly pay without any notice?

Pay has been weekly and on Tuesday since I hired in. 3 months. However, when I went to work Tuesday, I found out 4 hours after I should have gotten my paycheck that my co-worker and I were changed to bi-weekly. Is this legal?

Asked on November 28, 2018 under Employment Labor Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In OH, an employer must pay its workers at least semi-monthly (twice per month). If an employer pays it employees twice per month, then it must pay on or before the 1st day of each month, allwages earned by its workers during the first half of the preceding month ending with the 15th day and shall, on or before the 15th day of each month, pay its employees the wages earned by them during the last half of the preceding calendar month. OH does not have any laws requiring employers to provide employees, notice dates of pay, wahe rates, employment policies, fringe benefits, or other terms and conditions of employment. The only exception to the above would be if your employers action violate the terms of any applicable employment contrac tor union agreement.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is legal to change to biweekly or semimonthly pay if notice is provided, so a without-notice change would not be legal. But there really is nothing you can do about it, if you are paid the money as they indicate they will. The law only provides compensation for actual losses you suffer, but if you get the money,  just a week later, you have not lost anything.

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