Everyday, employees work long hours and in any job, it always requires, time, skills, effort and a whole lot more. That is why employers must pay their employees the rightful wage and other benefits for them to be more productive and efficient. But there are instances where employees would experience late paycheck. What happens if your employer is always late when it comes to paying for your salary? Most employees would ask, can I sue my employer for late paycheck?
The rights of workers are covered under the constitution and since suing employer if payment is late is not as easy as it is, you need to determine the legal requirements first. You can go to the department of labor to know more about paycheck laws considering that they can be really complex. You need to check if your employer is complying with the payday requirements.
Talk to Your Employer Before Thinking About Suing
Prior to making any legal action, it helps that you discuss the matter with your employer first. Understand the reason as to why it is taking time to receive the paycheck. Keep in mind that pursuing a legal case against your employer is costly and time consuming. If the issue comes from an unintended mistake and your employer is doing something to address the problem, then there is no need for you to go through the legal battle. However, if it is already a recurring problem and you feel that your employer is repeatedly ignoring the matter, it is now time to finally have a legal action.
Employees’ Right to a Timely Paycheck
State has its own specific payday requirements and if you want to know your rights and you are planning to file a case, it is essential that you have some knowledge pertaining to the laws and state requirements. If you are working in Texas, workers who are exempt from having overtime must receive their payment at least once a month while those who are considered to be non-exempt employees must be paid at least twice a month.
For employees working in Florida, employers have to pay at least once a month. When it comes to employees working for the private sector, there is no minimum payday requirement. In Illinois, employees have to be paid on a semimonthly basis. In New York, manual laborers have to receive payment every week while the other workers have to paid twice a month.
The laws and other requirements that government paychecks are different from one state to another. But they are almost the same. All states except for South Caroline and Alabama would require monthly, weekly, biweekly and semimonthly payments. Almost all states would also require business owners/employers to give notice of payday requirements to their employees.
Can I sue my employer for late paycheck? The answer to this question is definitely yes. Employees are entitled to timely paycheck. Although states have their respective procedures as to how one can file a claim in case of late paychecks. Before proceeding with the legal action, you can contact your employer and personally ask for the wages not yet paid. In the event that your employer fails to take action, you can now file a claim at the state labor agency. You can also file a case in small claims.
Filing a Sue Claim Against Your Employer
When you have finally decided to file a case against your employer, you need to contact the department of labor in your state to ask about the procedures and a late-wage payment claim.
In order for you to file a claim, you need to fill out a form that includes the name, contact information of your employer as well as the amount of money you need to claim, the date wages and the amount that’s actually paid. The time in which you are allowed to process your claim would depend as it varies from one state to another.
Depending on the nature of your case, you might need to hire a labor attorney who can help you all throughout the legal process.