Can I charge my employer a late fee for unpaid wages?

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Can I charge my employer a late fee for unpaid wages?

I worked for a production company on one specific show and when the show ended, I did not receive my final paycheck. The company is based in the state of MO and I live in KS. Can I charge my employer a late fee for unpaid wages?

Asked on July 30, 2011 Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless your employer has contractually agreed to pay you a late fee for work done, no you cannot charge it a late fee. However, when you say employer, you need to be a W2 employee and not an independent contractor or work for hire (as many are in the film and television production industry). If you are indeed a W2 employee, and you worked in Missouri, you need to check the Missouri department of labor for its labor laws concerning late payment by employers and employer paycheck timeliness requirements (every state has these specific requirements). In Kansas, I believe you must be paid at least once a month and your employer must inform you in advance (usually at time of hire and usually in writing) of the days you get paid. If you don't get paid on that designated date, the Kansas Department of Labor may be able to help you file a claim and perhaps the penalties may be far worse than a late fee.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless your employer has contractually agreed to pay you a late fee for work done, no you cannot charge it a late fee. However, when you say employer, you need to be a W2 employee and not an independent contractor or work for hire (as many are in the film and television production industry). If you are indeed a W2 employee, and you worked in Missouri, you need to check the Missouri department of labor for its labor laws concerning late payment by employers and employer paycheck timeliness requirements (every state has these specific requirements). In Kansas, I believe you must be paid at least once a month and your employer must inform you in advance (usually at time of hire and usually in writing) of the days you get paid. If you don't get paid on that designated date, the Kansas Department of Labor may be able to help you file a claim and perhaps the penalties may be far worse than a late fee.


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