One of the employees’ rights is to receive their salary, including overtime payments, in a timely manner. But how do employees know if their employer’s delayed payment is late enough to file a complaint against them?
Employers should pay wages when due
When determining the lateness of a wage payment, the employee should establish the employer’s due date first, which should be easy. Under the Fair Labor Standards Act (FLSA), employers must pay wages when due, generally on the next regularly scheduled payday.
Furthermore, U.S. labor laws state that employers should not delay payment for a period longer than is reasonably necessary for the employer to complete their computation and payment arrangements.
While there is no specific duration for when an employee can file a complaint for a wage violation due to delayed payments, they can determine whether it is appropriate to file a report based on the due date and reasonableness of the delay. For example, if an employer has yet to pay their employees’ salaries, say two weeks after the due date, without a well-grounded reason, the employees may have a wage violation case.
Enforcing employee rights
Employees who receive late salary payments suffer extensively, especially when they have bills due and necessities to buy. Fortunately, they have the right to file a labor complaint and when successful, receive liquidated damages equal to the amount of the overdue payment or interest.
Employees must stand their ground and enforce their rights to prevent employers from taking advantage of them. It does not matter if the wage violation is intentional or accidental. Employers must follow the labor rules and regulations. Failure to do so allows employees to report them to authorities.