Holding back payroll one week in mid-stream

Cindy Coker · August 2005

I know of an employer who currently pays his employees each Friday for the previous Friday-Thursday workweek. He is planning to add benefits for his employees but he has told his employees that he plans to hold back a week of their pay (obstensively so he has the funds to add the benefits) so that they will be paid for their work week 8 days after the workweek instead of their regular 1 day. I don't think this he can do this when the employees are used to being paid on a certain day but I'd like to get the Regulation # (FLSA?) to copy to provide to the employer. Can anyone help?

POPEYE · August 2005

I am not aware of any "legal" reason why this could not be done. I would certainly hope that the EEs would be given sufficient notice to make any necessary budgetary arrangements for the change of payday.

I have known of several companies in the past that have changed paydays on numerous occasions.

Cindy Coker · August 2005

thank you for taking the time to respond to my request even though it's not the response I was hoping for!

LarryC · August 2005

Hi Cindy. States regulate how frequently employees must be paid.

For example, here in the Land of 10,000 Pay Frequency Options, you must pay employees wages due at least once every 31 days on a regular payday designated in advance. This, of course, differs from public service employees who must be paid at least semimonthly. But if you work on roads or sewers, then it's every 15 days. Finally, migrant workers must be paid once every 2 weeks.

Don't ask me why the brains(?) in this state went through the trouble of differentiating between semimonthly, 15 days, and 2 weeks. It's the same group that bickered over what our state muffin should be.

By the way, it's blueberry.

Cindy Coker · August 2005

mmmm...love blueberry!

thanks for taking the time to respond to my dilmemma.....must say I'm glad I don't live in Minnesota with those confusing laws!

LarryC · August 2005

Well that's Minnesota for ya'. Hopefully someone from Florida will chime in with what the regs are in your state.

Are we the only state with a State Muffin?

HRinFL · August 2005

Florida's state muffin is the bran muffin...for obvious reasons! x:D

Dutch2 · August 2005

As long as they are witin state guidelines an employer can pay at basically any time. We switched from 1st and 15th to every other week a few years back and gave everyone 90 days notice. This eliminated a lot of confusion for our non-exempt ee's and has been a big help in processing our payroll....
Good luck

Cindy Coker · August 2005

Thanks alot!

LivindonSouth · August 2005

Cindy, with your permission, I'll ask HRinFL to explain why the bran muffin is the state muffin.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

Cindy Coker · August 2005

I think I can answer that - we are a very popular "retiree" state because of our weather....hence,the need of bran muffins by a large percentage of our population....:>)

njjel · August 2005

In NJ employees must be paid for all hours worked by the next pay period (even if you don't have a time sheet (hours) for them). So it goes by your state regs. If it is accrued time that is to be paid (upon an ee leaving) that must be paid no later than the following pay date.

marneljar · August 2005

I don't think there is any law prohibiting the employer from doing that. He definitely has to provide sufficient notice to this employees about what he is doing.

I know lots of companies who pay the following Friday for the previous week. But again you have to check to see if there is anything in your state law that may be in conflict with that.

Holding back payroll one week in mid-stream

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