Is it legal to underpay and make employee wait for compensation?

If a clerical error resulted in a 25 loss in payment in a bi-weekly paycheck in
Massachusetts and brought to their attention immediately, is it legal to tell
them to wait 2 weeks until their next paycheck for a correction?

Asked on December 16, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Legal? No. But there is really nothing you can about it. Any legal action you could bring, or any complaint to the department of labor, would take far longer than to the next pay period to resolve; but that means that by the time it was ready for resolution, the complaint or claim would have been rendered moot or irrelevant, since you would have already received the money to which you are entitled. If you are going to be paid in two weeks, as a practical matter, all you can do is wait for it.


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