Due to a glitch in communication payroll was processed one day later than usual and instead of paying employees on Tuesday they are being paid on Wednesday. I have one employee seeking legal action and refused to come to work. Question: Payperiod ended Sunday - normal payperiod is Tuesday - this payperiod payment is made on Wednesday (1 day late) in NJ so is this against the law? Employees were notified late Monday of this delay.

Employee says she will now get overdraft fees for checks mailed - are we resoponsible to pay those fees?

This is the first time we have paid our employees late in over 15 yrs...not that this matters. Advice please?

I wont speak to the New Jersey laws about the glitch and paying a day late but in no way are you responsible for the overdraft fees. It is the employee's responsibility to manage money and not spend money until its paid.

If you decide to be nice and pay for one, you will have to pay for everyone,and it wont be the last time.

NJ allows employers to pay up to ten days after the end of the pay period. I can't tell if they require that you set and stick to a regular schedule.

The employee is unreasonable and would be fired here for not reporting to work.

I doubt you could be held legally responsible for any overdraft on the part of the employee, but we pay if we fail to get payroll out on time and that happens.

FWIW, paying two days after the end of the pay period is extraordinary. What do you do when Monday is a holiday?

NJ law says you must have regularly scheduled paydays. However, the law also only requires that you pay no more than 10 days following the end of the pay period. I doubt the state DOL would give more than a slap on the hand to the employer in this case, if that. Glitches happen.

And I agree with Morgana. Don't set the precedent of reimbursing for NSF fees.

In the beginning of the year I send out a paydate schedule. We pay every 2nd week. If a holiday falls on the regular paydate it is indicated on this schedule and we pay the day after. There are very few holidays that have fallen on Tuesdays (regular pay day).

The President is very upset with this employee and is considering suspension or even termination (for her not coming in).

I didn't think we broke the law but she also stated that if we do not pay her overdraft fees she will contact legal council and the department of labor!

I didn't think we broke the law but she also stated that if we do not pay her overdraft fees she will contact legal council and the department of labor!

I would give her the number to the Department of Labor.

Just out of curiousity, NJ was in a state of emergency on Monday. Did that have any impact on your ability to process payroll?

No it wasn't because payroll is transmitted via internet and internet was not down.

It was due to a communication glitch between PResident and Management to get the approvals to process (he was travelling)

Looks like there's some contigency planning necessary. :)

I agree with Scott. Give her the number of the DOL and tell her to knock herself out.

If it were me, I'd also give her the number of the unemployment office because she'd be fired for refusing to work.

I'd also give her the number of the unemployment office

:D I totally agree. The company president is thinking about it. That would be a real short decision making process here. Like nanoseconds.