Not getting paid on payday

[murflett]

Hello,

Have a question. Employer comes and says on the day of payday he/she can't pay the employee until 2 days after payday. Is there any law against this or is there anything I can do? Any help would be greatful. Thanks.

 

[Patricia_Young]

How often are you paid? Weekly, biweekly, or semi-monthly?

And the pay period ended when?

 

[army judge]

Hello,

Have a question. Employer comes and says on the day of payday he/she can't pay the employee until 2 days after payday. Is there any law against this or is there anything I can do? Any help would be greatful. Thanks.

Yes, in TN, The Department of Labor and Workforce Development enforces wage, hour, and payday laws.

You can file your complaint with them.

Your employer appears to be in technical violation of the law.

A bigger problem could be your employer's continuing insolvency.

The business might be going bankrupt.

You might begin a job search, after you file your complaint.

The Division of Labor Standards may be contacted by calling 615-741-2858 (option 3) or toll-free at 1-866-588-6814.

TN law says this about wages:

All wages or compensation of employees in private employment is due and payable at least semi-monthly and notice of regular paydays must be posted by each employer in at least two conspicuous places. Title 50-2-103

http://www.tn.gov/labor-wfd/faq_laws.html

The actual law:

50-2-103. Payment of employees in private employments.

(a) All wages or compensation of employees in private employments shall be due and payable as follows:

(1) All such wages or compensation earned and unpaid prior to the first day of any month shall be due and payable not later than the twentieth day of the month following the one in which such wages were earned;

(2) All wages or compensation earned and unpaid prior to the sixteenth day of any month shall be due and payable not later than the fifth day of the succeeding month; and

(3) For the purposes of this subsection (a), the final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory time that is owed to the employee by virtue of company policy or labor agreement. This subdivision (a)(3) does not mandate employers to provide vacations, either paid or unpaid, nor does it require that employers establish written vacation pay policies.

(b) "Private employment," as used in subsection (a), means and includes all employments in concerns where five (5) or more employees are employed, except those under the direct management, supervision and control of the United States, of the state of Tennessee, any county, incorporated city or town, or other municipal corporation or political subdivision of the state, or any office or department of the state or general government.

(c) Nothing contained in this section shall be construed as prohibiting the payment of wages at more frequent periods than semimonthly.

(d) Every employer shall establish and maintain regular pay days as provided in this section, and shall post and maintain notices, printed or written in plain type or script, in at least two (2) conspicuous places where such notices can be seen by the employees as they go to and from work, setting forth the regular pay day as prescribed in subsection (a).

(e) The payment of wages or compensation of employees in the employments defined in this section shall be made in lawful money of the United States or by a good and valid negotiable check or draft, payable, on presentation thereof, at some bank or other established place of business, without discount, exchange or cost of collection, in lawful money of the United States, and not otherwise.

(f) In case an employee in any such employment shall be absent from the usual place of employment at the time such payment shall be due and payable, such employee shall be paid the wages or compensation within a reasonable time after making a demand therefor.

(g) Any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned by such employee no later than the next regular pay day following the date of dismissal or voluntary leaving, or twenty-one (21) days following the date of discharge or voluntary leaving, whichever occurs last. No employer shall, by any means, secure an exemption from this subsection (g).

(h) Each employee must have a thirty (30) minute unpaid rest break or meal period if scheduled to work six (6) hours consecutively, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. Such break shall not be scheduled during or before the first hour of scheduled work activity.

(i) A violation of this section is a Class B misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Further, every employer, partnership or corporation willfully violating any provision contained in subsections (a)-(h) is subject to a civil penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) at the discretion of the commissioner, or the commissioner's designated representative. Each and every infraction constitutes a separate and distinct offense. If the commissioner, or the commissioner's designated representative, determines that the violation was unintentional, there shall be a warning, in lieu of a penalty, on the first offense. On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative. It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part; however, the employer shall not be charged both civilly and criminally for the same violation.

(j) The department of labor and workforce development shall enforce the provisions of this section. Each employer, during normal business hours, shall make available to inspectors of the department specific wage and payroll records of its employees maintained on the premises that are pertinent to a written complaint. Records that are maintained off the premises or inaccessible shall be made available to the inspectors on a timely basis as agreed upon by the inspector and the employer.

http://www.tn.gov/labor-wfd/title50-2-103.htm

 

[Patricia_Young]

Your employer appears to be in technical violation of the law.

We don't have enough information to say that yet.

 

[army judge]

We don't have enough information to say that yet.

Tennessee's Wage Regulation Act, Title 50–2–103: Private employers who employ five or more employees are required to establish and maintain regular pay periods. The pay periods must be at least semi-monthly. Penalties may be accessed for violation of this act against those employers who miss a regularly scheduled payday. Employers are not allowed to pay their employees late.

Employees can file a complaint with the Tennessee Department of Labor and Workforce Development's Division of Labor Standards.

 

[murflett]

Paid bi-weekly. suppose to be paid on Monday the 13th of Sept. He/she said won't be able to until Wednesday, possibly Thursday of this week.

 

[Patricia_Young]

OK, then theoretically, he is in violation of the law because the regular payday has not been met. Having said that, however, by the time you filed a complaint with the state Dept. of Labor, you will have received the paycheck and probably spent it (grin). It can take weeks for a complaint to be worked.

 

[murflett]

HaHa!! This has happened before, and I take it this will continue til the company goes bankrupt. It is horrible this happens and they tend to get away with it because, as you said, it takes so long for the complaint to go through. People rely on getting paid on the specific pay period, like myself, especially when there are checks out there! Thanks for your help.

 

[army judge]

Paid bi-weekly. suppose to be paid on Monday the 13th of Sept. He/she said won't be able to until Wednesday, possibly Thursday of this week.

It has been my experience that when an employer begins missing paydays, BIG trouble is brewing.

 

[murflett]

Yes, I see that coming. This is a daycare facility and I think the owner runs this like his/her personal check book!

 

[army judge]

Yes, I see that coming. This is a daycare facility and I think the owner runs this like his/her personal check book!

That makes it worse.

Day Care centers usually collect their fees in advance.

They shouldn't have cash flow problems other businesses face.

In the case of child care facilities, you don't pay in advance, you don't get services.

Something is out of whack with this place!

 

[Patricia_Young]

Oh, I don't disagree. I'm just being realistic regarding the filing of a complaint with the DOL.