Is it legal for an employer to change a pay date but not the pay period?

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Is it legal for an employer to change a pay date but not the pay period?

My employer has withheld another weeks pay in the month of June by changing our pay date, but not our pay period. This resulted in 1 check in June. Now they have 2 weeks on the books that I will not get until I retire, quit or get fired. The result from this lead me to borrow money to pay my bills.

Asked on July 8, 2011 under Employment Labor Law, California

Answers:

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

Answered 10 years ago | Contributor

Although I do believe that employers are given some lee way everywhere on how they pay their employees (many pay once a month, every two weeks, bi-weekly, etc.), they can not do so if it results in your being cheated out of your pay when it was earned.  Yes, I said cheated.  What else could it possibly be but that.  I think that a phone call to the Department of Labor in your state is called for here.  You need to have proof of your complaint and be able to explain it to the case worked assigned to you.  Maybe write down the facts and the chain of events chronologically before you call them so that it is easy for you to refer back to something when they ask you questions.  Good luck to you. 


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