How long after payday can my boss hold my paycheck?

He says that he has 3 business days and always holds it until then. We get paid the 1st and 15th and never get it on time because he doesn’t have the money in the bank on time. But I need to pay rent on time.

Asked on December 7, 2011 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You don't indicate what state you are in, and that is critical information: each state sets its own law on the subject. Most states have statutes (laws) which specify when an employee must be paid--whatever the law in your state says, that's what your employer must do. (Note: I believe some states do not actually specify this by law, which could create a problem.) Either look up the law in your state or repost your question, identifying your state, so someone here can help you.

Note: I represent landlords and I've found that in situations like this, most landlords are willing to work with tenants so long as the tenant approaches them about the problem. You may wish to speak with your landlord and let him/her know that your paycheck is often delayed by 2 - 3 days; the landlord might be willing to give you something in writing granting you the extra time (e.g. letting you pay by the 5th), so as to avoid being late.

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