Is it legal for our employer to change its pay period practice?

UPDATED: Oct 1, 2022

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Is it legal for our employer to change its pay period practice?

Our employer has been paying its employees on every second Monday of every month for over 2 years. However, now the employer is now paying on specific dates of each month, As of 01/01, paydays now fall on the 10th and 25th of every month. Pay periods are now are being set combining 2 separate months in this timeframe. This was not the agreed-upon pay period timeframe employees where told when hired. When employees were hired it was agreed upon that pay period would be paid every 2 weeks of every single month, not splitting 2 months for pay periods. Is it legal? Does state labor law allow an employer to set pay periods split into 2 separate months for 1 month’s work period? The employees when hired were told that pay periods would be twice monthly, not split pay period, split into 2 separate months.

Asked on January 10, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, this is legal. Based on what you write (pay on the 10th and 25th), you are going to be paid twice a month, which meets legal requirement. And it doesn't matter what you "agreed" to, unless that agreement (as to payday) is in a still-in-effect (unexpired) written employment contract for a defined period of time (e.g. a one year, two year, five year, etc. contract). Employers may change any aspect or feature of employment, including pay day, at will except if prevented from doing so by a written contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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