Late/No Paycheck

[vjs]

I figured I should post this in it's own thread, in case no one reads up on the threads they already answered.

My husband has worked for his employer for over a year. They are based in Pennsylvania, this is also where the check comes from. He works for the West Virginia branch. We live in Ohio. He is due to be paid every other Friday. Now to the trouble.

He took his vacation in June, and was due to be paid the Friday before vacation. His pay is usually late, coming in the mail on Saturday. When it had not arrived by Monday, he called his immediate bosses. They said there was nothing they could do. On Tuesday, he called his immediate bosses and the company owner (also main boss). They said they were not responsible for the mail. On Wednesday he called both offices again, asking if they could cut him a company check and he could return his paycheck should it ever arrive. He was told they'd discuss it and if he called the main boss again, he'd be fired. His pay finally came on the Friday that was his last day of vacation. He contacted the Board Of Labor Relations, but the automated service told him it would take up to two weeks to get a response from them, and they have still not called back.

Since then, his pay has been coming as late as Monday. Now, he was due to be paid July 15th. End of the pay period was July 8th. Here it is, the Friday AFTER payday (22nd), and he still has not received his paycheck. He asked them on Monday if they could overnight his check instead, they said no. On Tuesday, the owner told him he didn't know what he could possibly do since my husband is the only person in the entire company who never gets his check on time. He won't overnight it, but suggested my husband 'get a WV address so he can get his pay like everyone else.' He also reiterated that the company is not responsible for delivering the mail.

He asked his immediate bosses to cut him a company check for the net amount, and he would return the check if it ever came. They contacted (so they say) the main boss, and gave him a check for less than half of what he is owed and said that is all the main boss approved. It was a personal check, not a company check, and in the memo section it says "Advance on paycheck."

How can you get an advance on a paycheck that was owed to you a week ago? Should he cash the check and wait for the rest, or give the check back and demand a company check for the full amount? What is his legal recourse? He gave a two-week notice because of this constant haggling for his pay.