What should I do if I am not paid on time?

UPDATED: Jun 9, 2012

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What should I do if I am not paid on time?

About 2 weeks ago I was fired from job and was supposed to have recieved my final paycheck 2 days ago. When I went to pick up my last check my manager informed me that he had forgot to pay me for my last week and that I would be receiving my last check the following Thursday. Am I owed penalty wages for not being paid on time?

Asked on June 9, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you are not entitled to penalty wages or interest for not being paid on time, except as follows: if you can show that the failure to pay you on time directly caused you to incur some cost or expense (e.g., it caused a check of yours to bounce, so you incurred a dishonored check fee, or alternately caused you to incur an overdraft protection fee), then legally, the employer should compensate you for that loss. Of course, if they were unwilling to do so, you would have to sue them for the money, which is not likely to be cost effective.

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