What are my rights if my employer is always weeks late in giving me my pay check?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my employer is always weeks late in giving me my pay check?

This month’s pay is 2 weeks late causing me to be late in all my bills.

Asked on November 14, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If an employer pays his employees late--and that means either later than mandated by state law (many, but not all states, have laws setting timing and frequencey of pay) or later than the terms and conditions, even if oral or implied, not written, under which the staff works--the employer may be liable for his actions. For example, if paying employees late causes them to incur costs or damage (e.g. late fees, interest charges, etc.), the employer may be liable for those additional costs.

Of course, to recover your costs, you'd have to sue, which may not be worth it, economically; there are times when the other party is clearly in the wrong, but as a practical matter, there is little you can do about it, and this may be one of them. You may need instead to try to budget for late payments.

(Note: you could try contacting your state department of labor, especially if your state has laws about pay frequency and timing. They may take action for you. But given the many cases clamoring for their attention, including ones involving much more serious violations than paying late, they also may not take or get to your situation.)


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption