We have taken on cutting-edge cases other firms turned down — and we have won.

Avvo Clients' Choice Award 2018 | Stephanie Jane Hahn
Martindale-Hubbell | AV Preeminent | Peer Rated For Highest Level of Professional Excellence | 2019
Martindale-Hubbell | Client Champion Platinum / 2019
FindLaw | Stephanie Jane Hahn, Attorney at Law PC | 5 stars out of 13 reviews
Best Business of 2023 three best rated Stephanie Jane Hahn, Attorney at Law PC excellence

How late is too late in wage payments?

On Behalf of | Oct 2, 2023 | Wage & Hour Laws

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.


More Than 20 Years Experience With Employee Law

Attorney Stephanie Jane HahnView Profile

FindLaw Network