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One in the Hole-Holding check

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  • One in the Hole-Holding check

    Is is legal for an employer to hold 1 week's check in NY. When I started, I was told that we would be paid biweekly and 1 check would be held (indifinitely from what I can tell). We are also paid one week behind but that is separate from the 1 week being held. So when I started on the 1st, the first normal pay day was the 13th (did not get paid); next normal payday was the 27th (did get paid for the 9th-20th). I've got no issue with the one week behind but the one week kept until you quit/leave/something seems wrong. Couldn't find a direct answer in NY Labor Law Sec. 191 or in Fair Labor Standards Act. If it matters, I am a salaried employee
    Last edited by NPNY; 08-08-2005, 12:36 PM.

  • #2
    It is perfectly legal for them to pay in arrears. It is not legal for the employer to not pay you for the time you worked from the 1st through the 8th.

    I would contact the NY Dept. of Labor.
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