Payday? North Dakota

[mpeterson915]

Ok, I work for an employer that requires that you have direct deposit to get paid. You can not recieve a live check in any way shape or form. We get paid on the 15th and the last day of the month, however she will not direct deposit your check into your account untill after 3pm so you do not recieve your money untill the next day. When payday lands on a friday you dont get it till monday and even then sometimes not until tuesday if monday is a holliday. Is this legal? I would like to know what i could do about this if anything at all?

Thanks,

M

[robb71]

Regarding payment of wages, an employer does have a responsibility of "constructive receipt". Simply, this means that monies must be "set aside" on/by pay date. Since the funds are in theory "set aside" on time, the employer would be considered to have met its responsibility.

I agree that it's a bit of an inconvenience for the workers. NACHA rules typically apply with respect to direct deposit. The standard is a 48-hour or 72-hour window in prepping the ACH file and processing via NACHA.

My best guess is that your employer may not be allowing enough time for the ACH file to process fully.

And before you ask, it's my understanding that in ND that direct deposit cannot be mandatory. Each state has different rulings on this. This link reviews each state's stance: http://www.employersassoc.com/FOD/1037.pdf.

[robb71]

I just noticed the correction from ND to MN.

It is permissible to mandate direct deposit in MN; however the employee does have an out. The objection must be written and directed to your employer. The legal citation is included in the link provided via my last post.