Can my employer change the days for which we are paid?

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Can my employer change the days for which we are paid?

I work for a non-profit organization. Supposedly, payroll was audited and now things have changed. I am paid semi-monthly on the 15th and end of month. The check on the 15th covers the 1st to the 15th, but payroll closes on the 10th. Upper management advised they have been paying us wrong and getting burned by people who leave prior to the 15th although they were paid up to the 15th. Long story short they advised the change will take effect on the 1st of October and the first check will short because we will be a week in the hole. We will be paid for October 1-10 on October 15th check. They advised we can work overtime to make it up the monies we will lose. Is this legit?

Asked on August 11, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they may change the day you are paid on and/or the pay period. But they can't deprive you of pay: you must be paid for all hours worked. It's not an issue if you are paid everything, even if--due to the change in payday or pay period--you wait, during the transition, one extra pay cycle to be paid for some of your hours. (This happens in such transitions.) But if some hours "disappear" entirely from pay and you are never paid for them, that would be illegal, and you could contact your state department of labor and/or sue (e.g. in small claims court) for the missing money.


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