How long after payday can my boss hold my paycheck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long after payday can my boss hold my paycheck?
He says that he has 3 business days and always holds it until then. We get paid the 1st and 15th and never get it on time because he doesn’t have the money in the bank on time. But I need to pay rent on time.
Asked on December 7, 2011 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't indicate what state you are in, and that is critical information: each state sets its own law on the subject. Most states have statutes (laws) which specify when an employee must be paid--whatever the law in your state says, that's what your employer must do. (Note: I believe some states do not actually specify this by law, which could create a problem.) Either look up the law in your state or repost your question, identifying your state, so someone here can help you.
Note: I represent landlords and I've found that in situations like this, most landlords are willing to work with tenants so long as the tenant approaches them about the problem. You may wish to speak with your landlord and let him/her know that your paycheck is often delayed by 2 - 3 days; the landlord might be willing to give you something in writing granting you the extra time (e.g. letting you pay by the 5th), so as to avoid being late.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.