when are paycheck due

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dewey527

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My employer has two pay periods - 1st or 31st and the 15th of the month. I thought if the 15th or 31st falls on the weekend checks are due the prior Friday. This check is dated for the 31st which falls on Sunday. Which means I am not able to deposit the check until Monday the 1st. Is that a violation?
Thx!
 
My employer has two pay periods - 1st or 31st and the 15th of the month. I thought if the 15th or 31st falls on the weekend checks are due the prior Friday. This check is dated for the 31st which falls on Sunday. Which means I am not able to deposit the check until Monday the 1st. Is that a violation?
Thx!


Most employers use the scheme, 15th & 31st.

I've never heard of any using the 1st or 31st, and the 15th.

Are you sure that is the scheme used by your employer?

Yes, if a payday is the 31st (as it is this month), the payday is usually the business day prior to the weekend or holiday.

So, the 31st becomes the 29th.

You should be able to deposit the check today, the date, notwithstanding.

If you tried to cash the check, that could be a problem, and a potential violation.
However, your employer may interpret the payday weekend rule, as being the day after the scheduled day.
So, in your case, the 31st, becomes the 1st.
As long as that is published policy, I don't see a legal issue.
Why not ask the agency in WA that enforces payday laws?




How to file a workplace rights complaint

If a worker believes her/his rights have been denied by such things as not receiving regular pay, overtime pay, rest and meal breaks, not being allowed to use paid sick leave to care for a sick family member, or any other protected leave issue, s/he can:

1. For wage, overtime pay, nurses overtime, child labor or rest and meal break complaints: Download and complete a Worker Rights Complaint form (F700-148-000).
2. For leave from work complaints: Download and complete a Protected Leave Complaint form (F700-144-000).
3. For Complaints about Prevailing Wage: Download and complete a Prevailing Wage Complaint form (F700-146-000).
4.If you have problems downloading the complaint form, visit or call the nearest L&I Office to obtain a copy. Instructions on how to fill out the form are included with the forms. Follow the procedure on each form for mailing instructions.
5. Note: In most cases, L&I will give the employer your name and a copy of your complaint at the time we notify the employer of your complaint. Further, public disclosure laws allow for others to gain access to most complaint files once the investigation is closed. Complaints about protected leave for domestic violence, sexual assault, and stalking are confidential and will not be released.

http://www.lni.wa.gov/WorkplaceRights/ComplainDiscrim/WRComplaint/default.asp

 
Most employers use the scheme, 15th & 31st.

I've never heard of any using the 1st or 31st, and the 15th.

Are you sure that is the scheme used by your employer?

Yes, if a payday is the 31st (as it is this month), the payday is usually the business day prior to the weekend or holiday.

So, the 31st becomes the 29th.

You should be able to deposit the check today, the date, notwithstanding.

If you tried to cash the check, that could be a problem, and a potential violation.
However, your employer may interpret the payday weekend rule, as being the day after the scheduled day.
So, in your case, the 31st, becomes the 1st.
As long as that is published policy, I don't see a legal issue.
Why not ask the agency in WA that enforces payday laws?

Thanks and I wasn't sure if it is technically the 1st or 31st...we are only paid twice a month. I also have a email to WA Labor & Industries but they don't respond as fast as these forums. Isn't it against the law to right post dated checks?
Thanks again for the information.
 
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Thanks and I wasn't sure if it is technically the 1st or 31st...we are only paid twice a month. I also have a email to WA Labor & Industries but they don't respond as fast as these forums. Isn't it against the law to right post dated checks?
Thanks again for the information.

If I were you, I'd ask my payroll department, human resources, or my manager. Do be diplomatic, don't tip your hand.

It has been my experience that this was a simple mistake, or your company might be in financial trouble.
 
My resource shows only that pay is due in WA no more than 7 days after the end of the pay period. There is no mention of the law requiring that payment be accelerated when the scheduled pay day falls on a nonbanking day or company holiday.
 
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