Can my employer change my pay day with no notice? Also, can they hold a week back with no notice after working there for many years until my employment with them ends?
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Can my employer change my pay day with no notice? Also, can they hold a week back with no notice after working there for many years until my employment with them ends?
I have worked at a restaurant in Ohio for 9 years. All of a sudden with no notice, they told us our payday was changing and only paid us 1 week instead of 2. They stated the other week was going to be on hold until we receive our last paycheck with the company if/when the employment ends. This was also with no notice. Can they do this?
Asked on January 24, 2018 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Can your employer change the pay day? Yes--it is not set in stone or by law, but is subject to when the employer sets it.
But they *can't* hold your paycheck indefinitely--e.g. to the end of your employment. It has to be paid on the first payday under the new schedule. For example: they were paying you every two weeks previously, but are now paying you twice a month (which is not the same thing), on the 15th and last day of each month. Say that as a result, a check you would previously have gotten 1/26 is now deferred until 1/31--that's fine, but you must then get that check on the 31st. They employer has NO legal right to hold your check for, potentially, years. If they will not provide it shortly, contact the department of labor to file a complaint.
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