It’s hard to say. You must look at your state law.
FLSA Fact Sheet #70 says:
If an employer is having trouble meeting payroll, do they need to pay non-exempt employees on the regular payday?
In general, an employer must pay covered non-exempt employees the full minimum wage and any statutory overtime due on the regularly scheduled pay day for the workweek in question. Failure to do so constitutes a violation of the FLSA. When the correct amount of overtime compensation cannot be determined until sometime after the regular pay period, however, the requirements of the FLSA will be satisfied if the employer pays the excess overtime compensation as soon after the regular pay period as is practicable.
California law says this:
If I don’t submit my timecard for the pay period, can my employer delay payment of my wages until the timecard is submitted?
No, it is the employer’s obligation to pay you on the established payday regardless of whether the timecard is submitted. There is no exception in the law that allows the employer to require you to wait until the next payday, or even until the timecard is turned in. Your employer can comply with the law, even without having your timecard, by paying all of the wages that it reasonably knows are due for your regularly scheduled work period.
Feel free to write in with more specifics and I will assist you in finding the absolute answer.
October 2018
payday law
payday requirements
missed pay
payroll error
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