Employees depend on timely and consistent paychecks. Individual and family finances can be negatively affected when a paycheck is delayed. Not having access to your money can cause unplanned expenses such as missed payments, bounced checks, and bank overage fees. If you are put in a financially difficult position because of a holdup in your pay, you may be able to file a claim against your employer to recoup related losses.
Even if the delay does not cause significant hardship, your employer is not allowed to hold onto your money. Despite cash-flow issues that may cause difficulties for companies trying to make payroll, employers are obligated to pay their employees as expected at regular intervals, which should be established during the hiring process.
In fact, for most employment scenarios in most states, the law expressly defines what intervals are acceptable. Laws regarding specific pay schedules vary in different states, but the intentions of these rules are to ensure that workers are protected from employers that pay their employees late or inconsistently. The concern is that these practices disrupt the consistency in household income that can affect workers’ lives and personal finances.
What Kind of Pay Schedules Are Acceptable?
Every state except Alabama and South Carolina has payday laws that require employers to pay their workers according to one of the following intervals:
- Bi-weekly, every other week
- Semi-monthly, twice per month
Most states require weekly or monthly payments. Most states also require employers to notify their employees of the applicable payday requirements.
In New Jersey, the payday requirement is that workers receive a paycheck on a semi-monthly basis. There are a few professions or managerial positions that are exempt from these rules. As such, New Jersey employers may pay certain qualifying executives or supervisors once per month.
Some states that call for twice-per-month pay are explicit that the two payments must be no more than days apart.
Independent contractors or union workers may have different pay schedules worked out in their contract.
What Can Be Done When a Paycheck Is Unlawfully Delayed?
If you are not paid on time, you should raise the issue with your employer. Contacting the human resources or payroll department is a good place to start.
It is good practice to put your concerns in writing. If the delay is not a mistake, and you suspect or are told that the delay is intentional, you may wish to file a claim with the state labor department.
Another avenue is to file a lawsuit for the pay you are due. A labor lawyer can help you understand your rights and assist you through the court process.
Cherry Hill Employment Lawyers at Burnham Douglass Help Employees Stand Up to Their Employers’ Unfair Treatment
If your employer is not paying you in a timely fashion, you may have a case against the company for unfair labor practices. There are laws supporting your right to be paid on time and on a predictable schedule. The Cherry Hill employment lawyers at Burnham Douglass can help you understand the laws that protect employees from this type of unfair practice. We can also help you build a case to prove that your paycheck is overdue, that it should be paid immediately, and that you deserve compensation for any additional financial burdens it caused. Contact us online or call us at 856-751-5505 for a free consultation. We are located in Marlton and Northfield, New Jersey, and we serve clients throughout South Jersey, including Camden County, Burlington County, Atlantic County, Gloucester County, and Mercer County.