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    wdw94563's Avatar
    wdw94563 Posts: 3, Reputation: 1
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    #1

    Mar 20, 2009, 06:12 AM
    Employer hold pay check
    How long can an employer hold your payroll check after pay period ending?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #2

    Mar 21, 2009, 09:50 AM

    Different states have different laws.

    First I would need to know in which state you work.

    Second I would need to know if this is a regular check or a final check upon termination.

    Thanks
    Shirley
    wdw94563's Avatar
    wdw94563 Posts: 3, Reputation: 1
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    #3

    Mar 26, 2009, 02:57 AM

    I live in California, and would like to know what is the longest time an employer can withhold a regular payroll check after pay period ending?
    wdw94563's Avatar
    wdw94563 Posts: 3, Reputation: 1
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    #4

    Mar 26, 2009, 02:58 AM
    Quote Originally Posted by Wildsporty View Post
    Different states have different laws.

    First I would need to know in which state you work.

    Second I would need to know if this is a regular check or a final check upon termination.

    Thanks
    Shirley
    State: California
    Type: Regular
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #5

    Mar 26, 2009, 06:41 AM
    In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207 Wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month. Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. Labor Code Section 204

    Overtime wages must be paid no later than the payday for the next regular payroll period following the payroll period in which the overtime wages were earned. An employer shall be in compliance with Labor Code Section 226(a) relating to total hours worked by the employee if the overtime hours are recorded as a correction on the itemized statement for the next regular pay period and include the dates of the pay period for which the correction is being made. Labor Code Section 204(b)(2)

    An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code Sections 201 and 227.3

    If you need to file a claim for unpaid wages you can do it here:

    How to file a wage claim

    Shirley
    VAmom23's Avatar
    VAmom23 Posts: 2, Reputation: 1
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    #6

    Jan 23, 2013, 08:11 AM
    What is the rule in Virginia? My husband's company claimed they're not having a stellar month financially, so they're holding all manager's paychecks. Is this legal?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #7

    Jan 23, 2013, 08:20 AM
    It is not legal to hold paychecks. Doesn't matter if they are having a good month financially or not they must meet payroll.

    This is a violation of the FLSA (fair labor standards act) on the federal government.

    Employees in the commonwealth of Virginia can file wage complaints with the Labor and Employment Law Division of the Virginia Department of Labor and Industry against employers who do not comply with the Payment of Wage Law.
    Here is the rule from the Department of labor website:

    Virginia Department of Labor and Industry


    Title 40.1 of the Code of Virginia
    1.
    Virginia Payment of Wage Law, 40.1-29 of the Code of Virginia.
    Employers must establish regular pay rates and pay dates, and pay employees all wages, salaries, and commissions on or before the established pay day. Fringe benefits such as vacation, sick, holiday, and severance pay are not required to be given under the law, and employers may establish any or no policy regarding these fringe benefits. Payment must be made in cash, by check, or direct deposit if the employee chooses, and, in limited circumstances, by payroll debit cards. The law prohibits employers from making deductions, other than for taxes or other items required by law such as garnishments, without first securing the employee's written authorization to do so. Even with written permission, employees cannot be required to forfeit their wages for shortages, errors, damages, etc. Employers can be assessed a $1,000 penalty per violation or face criminal charges for intentionally and willfully violating this law.
    On the website it will tell you who to contact to file a claim for unpaid wages.

    Shirley
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    j_lopez1216 Posts: 1, Reputation: 1
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    #8

    Feb 8, 2013, 01:09 PM
    What is the law in Florida
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #9

    Feb 8, 2013, 03:22 PM
    The FLSA (Fair Labor Standards Act) is a Federal Law and is enforced by the Federal Government. Wages must be paid to employees.

    Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA.


    Contact the U.S. Department of Labor, Wage & Hour Division at 1-866-4USWAGE (1-866-487-9243) or visit a local WHD office to make a wage claim against an employer. The state of Florida does not have any minimum wage or overtime laws on the books, so all enforcement of wage claims must come from the federal or local level.

    Here is a list of the Federal Department of Labor offices in Florida.


    Fort Lauderdale Area Office
    US Dept. of Labor
    Wage & Hour Division
    Federal Building, Room 408
    299 East Broward Blvd.
    Ft. Lauderdale, FL 33301-1976


    Phone:
    (954) 356-6896
    1-866-4-USWAGE
    (1-866-487-9243)



    Kathleen Noel
    Assistant District Director




    Jacksonville District Office
    US Dept. of Labor
    Wage & Hour Division
    Charles E. Bennett Federal Building
    400 West Bay Street, Room 956, Box 017
    Jacksonville, FL 32202


    Phone:
    (904) 359-9292
    1-866-4-USWAGE
    (1-866-487-9243)



    Michael Young
    District Director




    Miami District Office
    US Dept. of Labor
    Wage & Hour Division
    Sunset Center
    10300 Sunset Drive, Room 255
    Miami, FL 33173-3038


    Phone:
    (305) 598-6607
    1-866-4-USWAGE
    (1-866-487-9243)



    Will Garnitz
    District Director





    Orlando Area Office
    US Dept. of Labor
    Wage & Hour Division
    1001 Executive Center Drive, #103
    Orlando, Florida 32803


    Phone:
    (407) 648-6471
    1-866-4-USWAGE
    (1-866-487-9243)



    Joan Stiles
    Assistant District Director




    Tallahassee Area Office
    US Dept. of Labor
    Wage & Hour Division
    227 North Bronough Street
    Room 4120
    Tallassee, FL 32301


    Phone:
    (850) 942-8341
    1-866-4-USWAGE
    (1-866-487-9243)



    Viengkeo Vilaylak
    Assistant District Director




    Tampa District Office
    US Dept. Of Labor
    Wage & Hour Division
    4200 W Cypress Street, Suite 444
    Tampa, FL 33607


    Phone:
    (813) 288-1242
    1-866-4-USWAGE
    (1-866-487-9243)



    James Schmidt
    District Director


    Shirley





    West Palm Beach Area Office
    US Dept. Of Labor
    Wage & Hour Division
    1818 S. Australian Ave. #251
    West Palm Beach, FL 33401



    Phone:
    (561) 640-0474
    1-866-4-USWAGE
    (1-866-487-9243)



    Emmanuel Morel
    Assistant District Director

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