ive worked for the same company for over 2 years. They are instituting a hold first paycheck policy and advised us that in february we will receive one weeks pay as opposed to our usual 2 which will be held until we leave company. this will cause a financ

new policy...

2 answers  |  asked Sep 11, 2015 08:28 AM [EST]  |  applies to Florida

Answers (2)

Phyllis Towzey
Although Florida does not have a law which controls the frequency of pay periods (i.e. weekly, monthly, etc.),still this does not sound right to me. I don't believe your employer can legally withhold one of your paychecks, effectively removing it from the normal payroll intervals, and holding onto it for perhaps even years until you leave the company. I've never researched this particular issue before, because, frankly, I've never heard of a company trying to do this.

Rather than pay a labor attorney to look into this for you, however, I suggest you start by calling the Department of Labor and discussing it with one of their representatives. If they can't help you, send me an email and I'll suggest a labor attorney in your area who might be able to help you.

posted by Phyllis Towzey  |  Sep 11, 2015 09:46 AM [EST]
Arthur Schofield
The company is, unfortunately, able to do this. Nothing requires that your pay be given to you within any certain period of time, only that they give you all pay that you are entitled to. When it does come time that you are no longer employed there and they do not give you your final paycheck, you have a legal entitlement to recover it. Hope this helps you.

posted by Arthur Schofield  |  Sep 11, 2015 08:33 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Edward Lowry Edward Lowry
Charlottesville, VA

more Virginia Employment Lawyers