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  1. #1
    jcruddy is offline Junior Member
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    First paycheck held

    What is the name of your state (only U.S. law)? De.

    Just got a new job and my first pay was withheld. Bi-weekly pay system. So almost a full month to wait. Legal? TIA!!
  2. #2
    pattytx is offline Senior Member
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    What was your first day worked? When did the pay period end? When was the paycheck dated for that pay period? What is the pay frequency?
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    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  3. #3
    jcruddy is offline Junior Member
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    Thanks for the reply. First day was 9/29. First pay was 10/10 (withheld). Next pay is 10/24. That will be my first pay. Pay frequency is every two weeks.
  4. #4
    CourtClerk is offline Senior Member
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    You missed the all too important question:

    When did the pay period end?
    (and when did it start)
  5. #5
    jcruddy is offline Junior Member
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    Not sure when it started or ended.
  6. #6
    CourtClerk is offline Senior Member
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    Then no one here can answer your question because you don't know when those other people were getting paid for, hence, you don't really know if your check is being held.
  7. #7
    pattytx is offline Senior Member
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    Quote Originally Posted by jcruddy View Post
    Not sure when it started or ended.
    Ask HR or payroll.

    But we could do this all day. Ohio law requires employees be paid at least twice per month; wages earned from the 1st through the 15th by the last day of the month and wages earned from the 16th through the end of the month by the 15th of the following month. Although the law does not specifically address how much after the end of a biweekly pay period the wages must be paid, it can be presumed that 15 days following would meet the legal requirement.

    So, let's say the pay period started 9/29 and therefore ended 10/12. Legally, you wouldn't have to be paid for that pay period until the 27th. So, the 24th would not be a violation.

    But until we know what the dates were of the check dated 10/10, we can't go any further.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  8. #8
    jcruddy is offline Junior Member
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    So, I might have missed the closing date of that pay period? That makes sense. If that is the case I'll get paid on the 24th for all the weeks worked? Or at least I should. Thanks again.
  9. #9
    pattytx is offline Senior Member
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    Quote Originally Posted by jcruddy View Post
    So, I might have missed the closing date of that pay period? That makes sense. If that is the case I'll get paid on the 24th for all the weeks worked? Or at least I should. Thanks again.
    Possible. But, again, until we know WHEN the pay period ends and WHEN the checks are dated relative to the pay period ending, we can't say for sure.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  10. #10
    ecmst12 is offline Senior Member
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    You should expect to receive pay for the dates 9/29-10/10 on 10/24, if your employer's payroll is on a 2 week delay and your first day of employment was the first day of the pay period.
  11. #11
    jcruddy is offline Junior Member
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    Thanks for all of your replies. I will check the dates once I get back to work tomorrow.
  12. #12
    pattytx is offline Senior Member
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    I am not a dentist.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  13. #13
    Dandy Don is offline Senior Member
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    And you also failed to mention WHY the paycheck was withheld, if they gave you a reason.
  14. #14
    eerelations is offline Senior Member
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    Quote Originally Posted by Dandy Don View Post
    And you also failed to mention WHY the paycheck was withheld, if they gave you a reason.
    Read all of the posts in this thread. They didn't.
  15. #15
    cbg
    cbg is offline Senior Member
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    It's about 99.5% certain that no pay was withheld; it's simply that the employee's start date and the pay period did not line up exactly and on the first payday after she started work, there was no pay due because she did not work during the pay period that paycheck was for. Many people who have always been paid current (which frankly is a royal pain in the you know what for the payroll people and the managers who have to approve the hours) do not understand when they go to a system where pay is made in arrears (which is quite legal) and have to wait initially for their pay.

    Think about it for a minute. Paychecks for an entire company aren't cut in an hour or so (no matter how large or small the company). To pay current, if payday is Friday the information has to get to Payroll probably on Tuesday or Wednesday. Someone has to figure the hours, figure the overtime (which perhaps you haven't even worked yet), figure the taxes, roll the money into the payroll account (which takes 24 hours right there generally since the bank has to clear the deposit ), cut the checks, stuff them into envelopes, sort them, and distribute them to the appropriate locations. So if you're looking to be paid current, Payroll has to have your hours when you haven't even finished working them yet.

    Paying arrears means having some lag time for Payroll to accomplish all of the above. When you are paid in arrears (giving a weekly example) the time you are paid for on the 20th is the time you worked between the 7th and the 14th. Many people not accustomed to this method assume, the first time, that "my pay is being held". It is not. You are simply being paid by a method that gives Payroll the opportunity to be more accurate and which is legal in all 50 states. The number of days in arrears you may be paid varies by state but no state prohibits the practice for what should be obvious reasons.

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