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  #1  
Old 10-10-2009, 05:41 PM
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No Pay Today!


What is the name of your state (only U.S. law)? TN
Within the past 10 months, I have noticed along with the other employees that our employer is holding our pay longer and longer each time. We are scheduled to receive our pay, in the form of direct deposit, twice a month, on the 10th and 25th. If the payday falls on a Saturday then the money goes in Friday night and is there on Saturday. If the payday falls on Sunday the money goes in Sunday night and is there on Monday. Today is the 10th and we were instructed late yesterday that we would not be receiving our pay until Tuesday 13th. The Columbus Day holiday is the excuse they are using. I don't see how a Monday holiday has any bearing on a Fri/Sat payday. Is this legal? If not, who do I contact about this issue?
  #2  
Old 10-10-2009, 05:58 PM
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Location: small town, PA
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Tennessee is not one of the few states which requires that the employer accelerate the payday when it falls on a bank holiday or weekend. Since the 10th was today, it is legal for payday to be pushed back until Tuesday. Saturday is not theoretically a "banking day" according to the federal reserve, even though nearly every bank is open and conducts consumer business on Saturdays now.

The fact that your bank makes the direct deposit available on Friday night when payday (effective date on the ACH file) is Saturday is your bank's decision, not the employer's. However, not knowing what the settlement date they put on the file in this situation, I can't say for sure.
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Last edited by pattytx; 10-10-2009 at 06:02 PM.
  #3  
Old 10-10-2009, 06:03 PM
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Quote:
Originally Posted by Bikenbeth View Post
What is the name of your state (only U.S. law)? TN
Within the past 10 months, I have noticed along with the other employees that our employer is holding our pay longer and longer each time. We are scheduled to receive our pay, in the form of direct deposit, twice a month, on the 10th and 25th. If the payday falls on a Saturday then the money goes in Friday night and is there on Saturday. If the payday falls on Sunday the money goes in Sunday night and is there on Monday. Today is the 10th and we were instructed late yesterday that we would not be receiving our pay until Tuesday 13th. The Columbus Day holiday is the excuse they are using. I don't see how a Monday holiday has any bearing on a Fri/Sat payday. Is this legal? If not, who do I contact about this issue?
They are not lying to you. As a banker I can say this with 100% certainty. Let me explain:

All business that occurs on Saturday, Sunday, ans Monday is considered Monday's business. If Monday is a holiday, Monday's credits don't post until Tuesday unless the business sends their ACH file a day early. If they elect to send it early, the credits would post on Friday.
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  #4  
Old 10-10-2009, 06:09 PM
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Thanks for the confirmation, wirelessany1. I wasn't sure exactly WHY that was true, but I knew it was, after managing payroll operations for many years.
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  #5  
Old 10-10-2009, 06:11 PM
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Happy to be of service
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