What is the law regarding the date that a paycheck must be paid out?

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What is the law regarding the date that a paycheck must be paid out?

This is a notice I received from my employer. I need to know if this is legal.”Over a period of 14 weeks paychecks will now be available for cashing 1 week after pay period ends instead of the next day. This will be done 1 day at a time over a 14 week period.” By the time we reach the 14th week I will be waiting 8 days to get my paycheck. What happens to the money I earn during those 8 days? What do I tell my mortgage company and other creditors I owe? My employer said he is doing this so he will be ahead in case he is on vacation during a payroll time. Can he legally hold my money like this?

Asked on July 14, 2011 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

It certainly does not sound too legal to me.  An employer can set or change apay schedule.  Some employers pay once a month, some twice a month, some every two weeks and some weekly.  But what ever the pay period you choose the money needs to be available in the account the employer is drawing from or else he or she could get in to deep trouble criminally and civilly (he is technically writing bad checks).  Your situation is different, though, in that the check is dated for pay one date but the funds are not available on that date.  That to me is the same as writing a bad check.  I would contact the department of labor and the state attorney general's office on this one.  Good luck to you.


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