Wage and Hour Employee & Worker's Rights
Late Payment of Wages
Employers are required to pay their employees promptly both during their employment, and upon resignation or termination. Failure to do so results in employers owing late penalties that can quickly add up. This is thought to incentivize to pay employees consistently and in a timely fashion so the employees can budget appropriately.
Generally, if employees are paid twice monthly and the work periods for which they are paid are the 1st through the 15th and the 16th through the end of the month, wages must be paid on the following schedule:
(1) wages earned between the 1st and 15th day of the month must be paid between the 16th and 26th day of the same month; and
(2) wages earned between the 16th and the last day of the month must be paid between the 1st and the 10th day of the following month.
In general, an employee who is fired must be paid all unpaid wages that have been earned up to and including the date of termination. That payment must be made on the same day that the employee is terminated.
Employees who quit and give notice at least 72 hours before their last day of work must be paid their final wages on their last day, assuming it is the day stated in the notice.
Employees who quit without giving such notice must be paid their final wages within 72 hours after their last day of work.
Employers that fail to follow these laws can be subjected to penalties in addition to the back wages.
If you believe you have not been paid timely by your current or former employer, or if your business is facing such claims, please contact the wage and hour employment lawyers at Shalchi Burch LLP now.