How Long Can an Employer Hold Paychecks?
In most cases, employers are required to pay their employees on a regular basis. The frequency of paychecks can vary depending on the employer and the employee’s agreement. However, there are federal and state laws that set limits on how long an employer can hold paychecks.
Federal Law
According to the federal Fair Labor Standards Act (FLSA), employers are required to pay their employees at least twice a month. The FLSA does not specify how long an employer can hold paychecks before issuing them to employees. However, the U.S. Department of Labor (DOL) has issued regulations that interpret the FLSA. These regulations state that employers must pay their employees “as soon as possible” after the pay period ends.
State Laws
Many states have their own laws that regulate how long employers can hold paychecks. These laws vary from state to state. Some states have laws that require employers to pay their employees weekly, while others allow employers to pay their employees every two weeks or even monthly. In some states, employers are allowed to hold paychecks for a specific number of days before issuing them to employees. For example, California law allows employers to hold paychecks for up to 10 days after the pay period ends.
Exceptions
There are a few exceptions to the general rule that employers must pay their employees on a regular basis. These exceptions include:
- When the employee has authorized the employer to hold the paycheck
- When the employee has been absent from work for an extended period of time
- When the employer is experiencing financial hardship
If an employer is experiencing financial hardship, they may be able to delay paying their employees. However, the employer must provide the employees with written notice of the delay and the reason for the delay. The employer must also pay the employees as soon as possible after the financial hardship has ended.
What to Do if Your Employer Withholds Your Paycheck
If your employer is withholding your paycheck, you should first try to talk to your employer to resolve the issue. If you are unable to resolve the issue with your employer, you may want to file a complaint with your state’s labor board or the U.S. Department of Labor.
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