My Employer Didn’t Pay Me on Payday

Each state has some form of payday laws that regulate the frequency of employee pay. There are often exceptions for non-employee workers like independent contractors or employers in certain industries or of certain sizes. Payday laws in each state vary significantly; we can only provide general information in this article. If you believe you weren’t paid on payday, then you should look at your state’s laws and consult an employment lawyer.

General Payday Laws

Most states will have laws that mandate the frequency of paydays. An employer can often choose between a number of pay frequencies, like:

Monthly pay
Semimonthly pay
Biweekly pay
Weekly pay

Employers must provide notice of payday frequency to their employees. Alabama and South Carolina have slightly different payday laws from the other states. They only require an employer to give their employees at least 5 days’ notice of their pay period.

My Employer Didn’t Pay Me on Payday

If your employer missed your payday or paid you late, then you will need to follow your state’s procedure. The procedure will be different depending on if it is a one-time occurrence or if it happens on a regular basis.

All states require the employee to notify their employer of the missed payday in writing and request the owed wages. This gives the employer the chance to rectify the issue if it is a simple error. If the employer doesn’t fix the issue, then the employee can either file a claim with their states labor agency or file a small claims lawsuit . If the employee needs to seek legal action, they should speak to an employment lawyer to see if they have a case.

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General Payday Laws

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