Can an employer withhold a paycheck until the employee gets direct dep

[elyria]

Hello,

I work for a state university in New Mexico. Last week, I went into the payroll office to pick up my first paycheck and was informed that they would not give me my paycheck until I had either enrolled for direct deposit or agreed to take a debit/pay card from a local credit union. My question is, is it legal to withhold a paycheck until an employee accepts one of the options?

Thanks,
-J

 

[elyria]

I apologize, I should have included that they had a paper check printed for me and literally would not give it to me until I turned in one of the two payment sheets.

 

[army judge]

I apologize, I should have included that they had a paper check printed for me and literally would not give it to me until I turned in one of the two payment sheets.

As they are part of state government, I suggest you inquire of your state's labor agency.
I'm pretty sure that what the university requires is not illegal.
Here is the link:

http://www.dws.state.nm.us/LaborRelations/LaborInformation/WageandHour

 

[cbg]

I have been unable to get a clear picture of whether or not your state permits mandatory direct deposit or pay cards. Although one source clearly said that direct deposit must be voluntary and there is no law regarding pay cards, the same source has the information for my state wrong so I don't know if they can be trusted. Another source lists 44 states, but NM was one of the missing 6. You might want to give the NM state DOL a call regarding whether you can be required to take one or the other.

While an employee cannot legally withhold wages for time already worked, the legality of the mandatory direct deposit/pay cards may affect how the DOL would address the question. So I would definitely call them first.

 

[Betty3]

My ref. also notes DD is allowed when employees voluntarily authorize it (no info re pay cards). OP might want to call NM DOL to verify though as suggested.