How long can an employer withhold a paycheck when on a monthly pay cycle?

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How long can an employer withhold a paycheck when on a monthly pay cycle?

My fiancè was changed to a monthly pay cycle at the beginning of October and has not received paycheck for any work in the month. She was then told that she would not receive a paycheck until 11/26. That would make it almost 2 full months without being paid for work performed. This is a 100% commission based retail job that she switched from bi-weekly. Is it legal or ethical to have an employee go unpaid for 2 full months before being compensated for work and sales contributed to employee?

Asked on October 29, 2010 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your fiance needs to contact the Department of Labor or an employment attorney in your area as soon as she can.  Did she have an employment contract for the work done?  If she does and the employer changed the contract terms that is improper.  But specific laws relating to commission based employees and the time frame for payment are best sought from an expert in your state.  In certain fields there is an expectation that you have to wait months for your commission.  The sale of property is one.  But the principle around that is even that the commission is owed when the sale is completed.  Same here.  And it appears that she is being denied her pay which is definitely not legal. Good luck.


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