If my employer said that I am get paid at the end of every work week and yet he still has not paid me from the previous week, is that legal?
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If my employer said that I am get paid at the end of every work week and yet he still has not paid me from the previous week, is that legal?
Asked on January 8, 2016 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is not legal, but there may not be much you can do about it IF he is going to pay you, just late: that's because by the time any complaint to the Labor Dept. or any lawsuit for the pay (e.g. in small claims court) would be heard, if the employer pays you in, say, another week or so, the issue would be moot--you'd have been paid long before the matter came up. And once you've been paid, since the matter is resolved, the complaint or case would be dismissed.
That doesn't mean to not contact the Labor Dept. and see if they will help you; or if they won't, to not start the ball rolling on a lawsuit--but it is a caution that if the employer does pay, just late, there's little that can be done as a practical matter.
Of course, a good first step is to just talk to your employer and see if he'll explain what happened and commit to when he'll pay you. If you can't get an acceptable answer, looking for a new job may also be in order--if he didn't pay once and has no good excuse for why, maybe he will not pay again.
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