Payroll checks

My employer has been late with payroll
check for the last two months, I keep
asking for my check and he acts like
there’s nothing wrong. I need my check
to pay my bills. As of today checks
are 5 days late. And still no sign of
getting paid.

Asked on September 13, 2016 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is not much you can effectively do: you can't sue for the money, because if he pays, just late, by the time the lawsuit (even small claims) comes up, the case will be moot--you'll have been paid the check you sued about. You could in theory sue for any late charges or interest you incur due to the delays, but that is not likely to be cost effective. You could contact the department of labor to complain, but given the number of more signficant cases (employment discrimination; people not being paid at all; etc.) they have, they might not prioritize or take action on this, even though they should.

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