Is it legal for an employer to “delay” payday for all employees because some employees have missing sigatures on last month’s paperwork?

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Is it legal for an employer to “delay” payday for all employees because some employees have missing sigatures on last month’s paperwork?

Asked on January 6, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, it's not legal. As a general matter, an employer should never delay payday for any employee, even if the employee committed some infraction, owes the company money, etc. It may sometimes be acceptable, as a practial matter, to delay if an employee has not completed or turned in paperwork which is necessary to his/her payroll (e.g. a time sheet), at least until the necessary paperwork is turned in, but even when that is the case, the only checks which should be delayed should be those belonging to the affected employees.


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