HR Matters E-Tips
This Week's Tip: Payday Requirements (Q&A)
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This Week's Tip: Payday Requirements (Q&A)
Surprisingly, federal law does not specifically address when you have to
pay your employees. However, most states fill in that gap.
| ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ |
| This Week's Tip: Payday
Requirements (Q&A) Q: Is there a federal law that specifies a time frame for paying our employees? What about state laws? A: Although the federal Fair Labor Standards Act (FLSA) places many obligations on employers (including overtime, minimum wage, and child labor requirements), the law does not specify when wages must be paid or include a specific payday requirement. It states simply "every employer shall pay to each of his employees . . . who in any workweek is engaged in commerce or in the production of goods for commerce . . . not less than the minimum wage." (See 29 U.S.C. § 206(b).) However, courts generally have read the FLSA to require the prompt payment of wages. For example, in Rogers v. City of Troy, 148 F.3d 52 (2d Cir. 1998), the court considered whether a city could change its pay period. In allowing the city to make the adjustment, it pointed out that although the FLSA does not assert when wages must be paid, courts have long interpreted the statute to require wages be paid in a timely fashion. Most states have stepped in to fill the void left by the FLSA. In fact, almost every state has passed legislation specifying minimums for how frequently (usually biweekly or monthly) wage payments must be made to employees. |
| **********************************F-r-e-e Offer******************************** |
|
Want more information on the Fair Labor Standards Act (FLSA)? You should download "FLSA Minimum Wage & Overtime Requirements" from your HR Matters E-Tips editors. This 8-page document contains the most important considerations you need when computing pay for nonexempt employees, including: Basic Definition — Hours of Work Rest Periods / Meal Periods Sleeping Time and Certain Other Activities Lectures, Meetings, and Training Programs Travel Time Grievances, Medical Attention, Civic/Charitable Work Recording Working Time -- and more. To download "FLSA Minimum Wage & Overtime Requirements," go to: http://www.ppspublishers.com/ezdcflsa.htm ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ |
| In addition, many also impose
restrictions on how quickly the money must be paid after it is earned. For example, California, Illinois, Michigan, and New Jersey all specify a minimum of biweekly or semimonthly wages for most categories of employees and require payment within a period ranging from 10 to 15 days after the close of each pay period. New York and Texas also have biweekly or semimonthly pay requirements for most employees but do not specify when the wages must be paid after the end of the period. Most states also allow monthly payment to employees who are exempt from their minimum wage and overtime requirements. As a further obligation, many states require advance notice of paydays. For example, employers in California and New York must designate regular paydays in advance, and in Illinois, employers must post notices indicating the regular paydays. Note, however, that state wage payment requirements may not apply to employers with collective bargaining agreements that specify payment periods. For example, California, Illinois, and Wisconsin allow collective bargaining agreements that set out wage payment arrangements that differ from state law. Because of the variations in state requirements, you should consult the wage and hour laws that apply to your location. Subscribers to the Personnel Policy Manual and HR Policy Answers on CD can find more information on payday requirements in Pay Procedures, Chapter 305, note 10. |
F-r-e-e HR Policy Download Center Resource Center offers f-r-e-e downloads to help you save time. http://www.ppspublishers.com/ezdownload.htm Your Editors at HR Matters E-Tips have set up a special resource center where you can download HR policies and other helpful materials on such topics as: - Family and Medical Leave of Absence - Employee Classifications - Sexual/Workplace Harassment Policy - COBRA Quick Guide - E-mail and Internet Use - Minimum Wage and Overtime Check for these and other tools to help in your job. To download one or more of the above, go to: http://www.ppspublishers.com/ezdownload.htm |
Free HR Policies and more.. |
|
|
|
||
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Interested in using an article from HR Matters E-Tips on your Web site or
|
||