How many days after a scheduled payday can an employer hold your payroll check?

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How many days after a scheduled payday can an employer hold your payroll check?

My bi-weekly payroll check is never received on time. It is always 3 to 7 days late. In addition I have to come in on my day off to pick up my check. The company does not allow us to do direct deposit.

Asked on January 2, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have an employee-employer handbook, the booklet should set forth when you should be paid your wages. If your employer is cossistently late in making payroll, I suspect that he or she is having cash flow problems.

If your employer simply does not have the funds to pay you, he or she unfortunately can hold paying you for as long as needed to acquire the needed funds to pay you. Meaning, you potentially can receive pay checks literally weeks overdue from your employer.


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