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Mailing "live" pay checks

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a&b

Junior Member
I live in New York State, and I am employed by a company which is headquartered in another state. I have read New York Labor Article 6 Section 191, and I'm fairly certain I fall into the "clerical and other worker" category. My employer offers 2 options for payment of wages - direct deposit (to a checking or savings account), or a live check (both are biweekly, by the way). Up until recently, live checks were made available for employees to pick up on payday at their respective place of work. I recently heard that there was a policy change with respect to live checks. Specifically, employer states that live checks will no longer be made available for pickup at my place of work. Instead, live checks will be mailed from the corporate office, directly to employees' home address on file. Employer states paychecks will "probably" arrive 5 calendar days (3 business days) after pay day (which is also 12 calendar days beyond the end of the pay period). Would these potential delays be consistent with "prompt" payments "on regular paydays" with respect to the FLSA? Could these potential delays constitute violations of NYS Labor laws? Another way of asking, I suppose, is if paychecks destined to NYS are postmarked by payday (considering also the nature of my employment, as I outlined above)...would said employer be meeting it's requirements? Thank you in advance.
 


ajkroy

Member
...but you could get your paycheck on payday (or earlier) if you chose direct deposit? How are you going to explain that you are deliberately choosing to get your check later...but are filing a complaint because of it?
 

a&b

Junior Member
...but you could get your paycheck on payday (or earlier) if you chose direct deposit? How are you going to explain that you are deliberately choosing to get your check later...but are filing a complaint because of it?
Correct - employees who choose direct deposit are presumably paid on or before payday. However, NYS does not mandate employees to use direct deposit (I believe there are other states that do). As such, shouldn't said employer be obligated to mail paychecks in such a way that they are received by payday? I know this is the case in other states, but it is not apparently clear to me if this is the case in NYS...
 

justalayman

Senior Member
If they mail the paycheck it must be recieved within the same time constraint as if they handed it to you per section 191.


https://labor.ny.gov/legal/counsel/pdf/frequency-of-pay-frequently-asked-questions.pdf
 

a&b

Junior Member
If they mail the paycheck it must be recieved within the same time constraint as if they handed it to you per section 191.


https://labor.ny.gov/legal/counsel/pdf/frequency-of-pay-frequently-asked-questions.pdf
I did see that document. For me, presumably falling under the "clerical and other worker" category...this document did not seem to clarify (to me, at least) whether or not employers are required, if they mail paychecks, to do so in a way that they are received by payday. The relevant phrase seems to be, "Clerical or Other Workers: Wages must be paid in accordance with the agreed terms of employment and not less frequently than semi-monthly." To me, that quote fails to answer the question as to whether or not the act of mailing a paycheck (from another state) to NYS constitutes actual payment (or whether the actual receipt of said check by the employee qualifies as payment).

I don't mean to come off confrontational...I do very much appreciate your reply, and potentially any replies from others. :)
 
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justalayman

Senior Member
My take on it;


Do you agree to the extra time be allowed? If not, it is not allowed.



of course it ultimately means they will likely not pay you anymore at all if you do not agree with the pay schedule they set. .

Personally I cannot see any issue with their change other than the first paycheck under the new system. After that the checks will arrive with the same frequency as before the change. How much after the pay is earned is pretty irrelevant.
 

a&b

Junior Member
My take on it;


Do you agree to the extra time be allowed? If not, it is not allowed.
Nope. The policy change was made without any sort of agreement on my part.

of course it ultimately means they will likely not pay you anymore at all if you do not agree with the pay schedule they set. .
Hopefully it doesn't come to that. :)

Personally I cannot see any issue with their change other than the first paycheck under the new system. After that the checks will arrive with the same frequency as before the change. How much after the pay is earned is pretty irrelevant.
I do see your point - that, on the face of it, the first paycheck under the new policy could be considered the most significant of violations (if any). However, I wonder if using the Postal Service as a means to mail paychecks inherently compromises the consistency of the frequency of pay. After all, Section 191 does say several times "regular pay day"...in my experience, the Postal Service is anything but regular.

And, as is so common to hear, from employers and others..."Why not just get direct deposit, so you can avoid all of this?" Well, some of us imperfect humans can't get a bank account at the moment...so we don't have the privilage of enjoying direct deposit. I do take full responsibility for not being able to open a bank account. However, my employer doing what they're doing...seems akin to rubbing salt in the wounds.

Anyway, again, I appreciate your replies and perspective.
 
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cbg

I'm a Northern Girl
The argument could be made that by not signing up for direct deposit, you ARE agreeing to the delay.
 

cbg

I'm a Northern Girl
I hate to tell you this, but I suspect you'll find that to be the position of the DOL as well.
 

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