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Under the Federal Labor Standards Act, an employer must pay an employee at least once a month, sometimes even as frequently as every day, depending on company policy. When an employer doesn't pay an employee on time, it is a violation of the FLSA and the employer could be liable for damages. If your employer is not paying you on time, there are steps you can take before filing a formal complaint with state authorities.
Under the Department of Labor, Labor Standards, every employer must publicly post the employer's policy on sick leave, vacation, personal leave, holidays and hours of work. Alternatively, an employer can notify employees in writing of the details of the policy. Either way, an employer must provide clarity on terms and conditions of benefits and wages. If you believe that you are not paid on time, ask to see the employer's policy and review your employee agreement to determine if there has been a violation of terms of employment.
Rule Out Technical Errors
If your employer does not pay you on time, before you file a formal complaint, contact your manager and payroll department to rule out any technical errors. If you are a new employee, payroll may have incorrectly set up your account or is processing your deposits after the cut-off date. Your manager and payroll department may not be aware that you are not being paid on time. By informing them in writing, they are accountable for your payment.
After ruling out any technical errors and informing your manager that he is not paying you on time, if you are still having trouble collecting your minimum wage, you can file a claim with your state's Department of Labor. The department will conduct an investigation and try to collect on the claim. Your claim may be unpaid wages, withheld wages or illegal deductions. Depending on the state, the investigation may also look into any illegal kickbacks or tips to the employer.
If you are entitled to vacation or holiday pay, pay for sick leave, reimbursements of expenses or other items and your employer has not paid you, your employer could be guilty of a misdemeanor. She must pay the benefits and wage supplements that were agreed upon. Labor Standards investigates and endeavors to collect claims for any unpaid benefits or wage supplements that the employer has agreed to provide.
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