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Paycheck One Week Late! (New York)

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  • Paycheck One Week Late! (New York)

    I normally get paid via direct deposit every other Wednesday. This week, however, no paycheck. Three days later (today) I finally heard back from Human Resources who told me the soonest they could pay me is next Wednesday, electronically, which is one-week late.

    Never mind the fact that this has created 3 overdrafts and 3 NSFs in my checking account. I am also broke and have no money for gas or groceries.

    Is my employer in violation of the law?

  • #2
    Probably. You can file a claim for unpaid wages with the state Dept. of Labor. Problem is that, by the time they actually get to working the issue, next Wednesday will have come and long gone.

    Why did they say it would be Wednesday? Did you change your bank or account recently?

    However, you are responsible for not generating checks or charges against your account if there are not sufficient funds to cover them, regardless of whose fault it is that the funds are not there. If I were the employer, I would not reimburse you for your NSF fees (and in the past, I have not.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Response to Patty

      Thank you for your fast response.

      There have been no changes to my account and they have given me no reasons or excuses for not paying me. They did say I was the only one of more than 60 employees who did not get paid.

      H.R. told me today she would input an electronic check request on Monday which, due to a cycle, will take 48-hours before it shows up in my account.

      I don't expect reimbursement for my bank fees as I understand I wrote the checks, they did not. However, like most everyone else who lives paycheck-to-paycheck I have come to rely on, and trust, my employee for that bi-weekly paycheck.

      Thanks again!


      • #4
        Good luck. I will tell you that I have been in payroll and HR for over 25 years, and in payroll management for some very large entities for nearly 15 years and I would never presume to tell an employee he had to wait a week for a paycheck under the criteria you explained. Very poor employee treatment and poor management.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          I had a similiar issue happen to me earlier this year. I also was shorted in my paycheck and did not recieve reimbursement for the shorted amount for nine weeks. In my particular case, I have nearly all my bills direct drafted out of my checking account. Because a substantial portion of my paycheck was not deposited into my account, as it should have been, I had several overdrafts for the payments that attempeted to debit my account. Further, for the bills I had to pay manually, I ended up paying late penalities. I ended up being out of pocket over $300.00 because my employer not only shorted me the amount originally, but it took them several weeks to reimburse the shorted amount. In this case I do believe that my employer should have made restitution for what their error and further delay cost me. What do you think?
          Seperately, I have a different issue (sorta). On 9/30 I recieved my commission check and it was significantly short. I spoke to the appropriate person about the problem (which was her error and not mine). She informed me that I would not recieve the remaining amount owed to me until she finished the company's September Financial Statement(a completely unrelated task from commissions). I have since inquired twice on when she would be finished reviewing the financials, or when I could expect payment. Clearly, because of the length of time it took her to resolve the last instance (9 weeks), I am frustrated. My question is: is there a time frame an employer is required by law to pay an employees wages when an error has been made? I appreciate your response!


          • #6
            mailmaven, there is no law specifically stating that the employer must correct an error within a certain time frame. Especially relative to commissions, since in most cases and in most states, commissions are not regulated by wage and hour laws but instead by agreement between the employee and the employer.

            Irrespective of the reason, you are still responsible for not directing/authorizing payment from your bank account until the funds are there. That is the chance you take with having automatic funds transfers set up that close to payday.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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