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Thread: Hold Your First Pay Check? Massachusetts

  1. #1
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    Default Hold Your First Pay Check? Massachusetts

    I just started a new job working for the city. It is a unionized job. I was told by my supervisor and union representative my first pay check will be held until I resign or retire. Why do they hold back my first pay check? Is this a violation of any labor laws in Massachusetts?

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    Governmental employers sometimes are subject to different laws then private sector employers.
    "Reality is that which, when you stop believing in it, doesn't go away".
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    And I have to wonder if it's not just a regular 'holdback' due to pay periods and paycheck dates. Versus actually physically holding a paycheck...otherwise you might have constructive receipt/taxation issues.

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    CBG is the MA expert. But if this is for hours actually worked, and we are talking a private sector employer, I do not see how this is legal. Federal law (FLSA) requires wages be paid "in a timely manner". It leaves the definition of "timely manner" to the states, but this really does not sound right.
    "Reality is that which, when you stop believing in it, doesn't go away".
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    MA requires wage payment by either 6 or 7 days after the end of the pay period, depending on # of days worked.

    I would suggest you look at the pay period ending date and your pay date to determine if the law is being followed. It is possible people think the check is being held back but instead it is just the timing of the pay date.

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    Quote Originally Posted by hr for me View Post
    And I have to wonder if it's not just a regular 'holdback' due to pay periods and paycheck dates. Versus actually physically holding a paycheck...otherwise you might have constructive receipt/taxation issues.
    It is a government job working for the city where I live. My supervisor told me due to union rules for new hires, they hold my pay for the first 5 days on the job. They are not physically holding my check. They are just not paying me for my first five days on the job. They will pay and issue me a check for those first 5 days on the job when I resign or retire. Is it legal for government jobs to hold my pay due to union rules?

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    I'm (one of the) MA expert(s) - HRinMA is too - when it comes to the private sector, but not governmental agencies. When you called the MA Atty General's office (they function as the DOL in this state) what did they say?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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