Can your paycheck be held if you are a manager, so that therest of the employees can be paid?

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Can your paycheck be held if you are a manager, so that therest of the employees can be paid?

This has occurred several times this year. We will be notified a day or 2 before pay day. We were not asked, just informed.

Asked on December 16, 2010 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, this is not legal. Everyone is EQUALLY entitled to their paychecks under the law; there is no distinction legally beteween a manager's paycheck and the paycheck of the newest, lowest-ranked employee. Doing this may constitute a violation of your state's wage and hours laws, though as a practical matter, as long as you are paid properly within a few days, it's *probably* not worth taking action for, since you would not have suffered "enough" damages to make legal action worthwhile. This could change if the delay had some significant impact on you--e.g. you missed an insurance, mortgage, rent, etc. payment, or incurred large bounced check fees--in which case you may wish to sue for your loss.

Nothing of course would stop the employer from asking managers to agree to a payment delay, and IF they agree, that would be legal.


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