What are my legal options if my paycheck is getting dispersed late?

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What are my legal options if my paycheck is getting dispersed late?

My bi-weekly paycheck was due last Friday and due to some legal issues with the IRS the company keeps postponing payment. It’s now Wednesday and the job has said for the third day in a row we’ll get our checks first thing in the morning. Due to late payment I have several bills that are now late and a child in need of school supplies that are also late. Is there anything that can be done to help force payment of monies owed?

Asked on August 24, 2011 Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You certainly can do something to enforce payment. You should immediately contact your state's department of labor and explain that the employer is violating the law by improperly withholding payment and not paying on time. Do not be surprised if the labor department is not immediately on top of it, but be persistent and put all of your correspondence in writing. Your employer (if it discovers you are the one who involved the state) cannot retaliate against you for informing the state of an employer's labor/wage payment violations. The other alternative is to seek employment elsewhere or another secondary job and then sue your employer for those monies plus interest or late fees you incurred for not having your paycheck in time.


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