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Pay calendars/cycles

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  • Pay calendars/cycles

    I'm trying to find information on the DOL website regarding approved pay cycles. Do Federal and State requirements have a minimum pay cycle? For instance, an associate of mine has stated that companies can not have monthly pay cycles, depending on State. Is that correct?

    The company in question was located in Georgia and had to switch its monthly pay program to Semi-Monthly based on this. Is this really mandated in any way?

    Thank you in advance for the help.

  • #2
    This is very state law specific, and GA is not my state. According to my The Payroll Source Book (APA), the rules for GA are as follows:
    - Pay Frequency Required: Semimonthly; even intervals; exemption for officials, superintendents, and department heads.
    - Lag Time Before Pay: No provision.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Does that mean that monthly pay cycles are not allowed unless agreements exist between state and company?

      Thank you for taking the time by the way

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      • #4
        This is not my state, so I am not sure of much of anything, but I would read that sentance as semi-monthly required for anyone who was not "brass".
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Thank you very much...Have a great weekend!!

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          • #6
            Originally posted by DAW View Post
            but I would read that sentance as semi-monthly required for anyone who was not "brass".
            Which might also be interpreted as exempt. But, then again, maybe not.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Ga. law O.C.G.A. 34-7-2: Employers must pay at least twice per month.

              Covered employers - all employers
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                But does it cover all employees?

                In many states, the frequency laws apply only to non-exempt employees.
                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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                • #9
                  My source agrees with DAW's source.

                  There are a number of states where exempt employees can be paid monthly whereas nonexempt employees may be paid less frequently. Georgia appears to be one of them.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by cbg View Post
                    But does it cover all employees?

                    In many states, the frequency laws apply only to non-exempt employees.
                    That was a good question. Wage payments required twice a mo. on regular, designated paydays. Not applicable to dept. heads & subheads, or executives.

                    It doesn't say not applicable to all exempt employees but apparently not applicable to them too per pattymd's source/opinion.

                    patty - are you assuming not applicable to all exempt employees or do you have an actual source with that info. Thanks.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                    • #11
                      Originally posted by Betty3 View Post
                      patty - are you assuming not applicable to all exempt employees or do you have an actual source with that info. Thanks.

                      I'm assuming, Betty3, that the law is poorly written. Wouldn't be the first time.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Thanks & I hear you. We'll assume not applicable to all exempt employees.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                        • #13
                          So without assumptions, I take from this thread that all employees are governed under the requirement to pay twice a month in GA. Excluding this note: All employers except sawmills, agricultural employers, and employers in turpentine industry. Not applicable to department heads and subheads, or executives.

                          Anyone know what the penalty or fine would be if a company does not follow this requirement?

                          Thanks to everyone helping me figure this out.

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                          • #14
                            gonnadrop, that's what I'd do. With the ambiguity of job titles these days, you KNOW that you'd be compliant if you paid all employees semi-monthly. My source, under "penalties" says no provision (not unusual in Georgia).
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                            • #15
                              Just as a follow up, I contacted the GA DOL, here is the response. Thanks again to all !!

                              TITLE 34. LABOR AND INDUSTRIAL RELATIONS
                              CHAPTER 7. MASTER AND SERVANT
                              ARTICLE 1. GENERAL PROVISIONS

                              O.C.G.A. § 34-7-2 (2007)

                              § 34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer

                              Every person, firm, or corporation, including steam and electric railroads, but not including farming, sawmill, and turpentine industries, employing skilled or unskilled wageworkers in manual, mechanical, or clerical labor, including all employees except officials, superintendents, or other heads or subheads of department who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to such employees or to their authorized representatives (1) by lawful money of the United States, (2) by check, or (3) with the consent of the employee, by authorization of credit transfer to his account with a bank, trust company, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States. Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made.


                              Lisa Mobley
                              Administrative Assistant
                              UI Administration
                              Georgia Department of Labor
                              148 Andrew Young International Blvd., Suite 718
                              Atlanta, GA 30303

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