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D

D FLETCHER

Guest
I work for a company that is changing payroll
from twice a month to biweekly
and to top it off they are holding back a week. So for the month of april we will only
get one check and at less per month pay
The dollar amount adds up but can they hold
back like that.they said we can barrow 80%
and pay it back or use 5 days vaction
can they do this
 


E

Ex HR Guy

Guest
Absent a state law that dictates how and when they must pay, and absent a labor union with a collective bargaining agreement, they can. Sounds as if the top brass never lived from paycheck to paycheck though.... You could ask the state labor department, but my experience is lot's of companies do it that way.
 
A

Attorney_Replogle

Guest
I don't know what state you are in, so I will tell you how California works. In California most non-salaried employees must be paid at least twice a month on a regularly designated payday. If an employer fails to pay, the workers may have a claim for breach of contract or fraud. The employer could also face criminal penalties.

The labor commissioner of California could also impose civil penalties of $50 each time an employer fails to pay an employee. For any willful and intentional violation after that, the penalty increases to $100 for each employee, plus 25% of the amount that was unlawfully withheld.

Failure to pay wages promptly may also be a violation of the federal Fair Labor Standards Act.

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Mark B. Replogle
 

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