My employer is refusing to pay me.....Please help! (credit card, loans)

[jerseyisfallingapart]

My employer is routinely late in handing out paychecks, and they frequently bounce when they do arrive, causing more delays in actually obtaining and depositing my salary into the bank. I accumulate late fees on my credit card and loans because of the delay in payment, usually to the tune of almost 75 dollars per month. Every payday certain employees seem to get checks and others have to wait up to a week (but in one case, he is 3 MONTHS behind in payments). Its like a game of late-fee penalty roulette.

My question is, are there any laws (Federal or NJ) that state an employer MUST have a check waiting for me on the agreed upon paydays? Anybody that has any links to statutes (I can't seem to find any online!) or expertise in these matters please help! Its come to the point where I'm losing money by showing up at work, and I'm between a rock and a hard place financially.

[Sergio M]

Employer has 72 hrs to produce the paycheck. I would file for passing bad checks.

[babo111]

I'd also start looking for a new job...sounds like the company or business you work for has some serious cash flow problem and is a red flag for possibility of going belly up.

[Retriever]

Originally Posted by babo111

I'd also start looking for a new job...sounds like the company or business you work for has some serious cash flow problem and is a red flag for possibility of going belly up.

I agree.
This company is probably not long for this world.
I suggest that the OP begin his/her job search in earnest immediately. Also--he/she should begin immediate legal action for damages resulting from the late paychecks.

If this company declares bankruptcy in the very near future, it would be to the OP's benefit to be at the head of the line for a settlement, rather than being at the back of the line.

[NJGOAT]

In NJ you must be paid a minimum of two times in each calendar month, unless you are part of a special class of workers (generally executives, supervisors or certain skilled trades). Even if you were a special class, you would still need to be paid at least once a month and per an agreed to schedule. Failure to meet that standard is a violation of NJ state law.

Additionally, your employer must pay you on the specified payday per your schedule. They may with reasonable cause delay payment up to 72 hours. However, repeat incidents or going beyong the grace period is a violation.

You can contact the NJ Department of Labor and Workforce Development and they can assist with you the matter. The only real PITA with NJ law is that violations must be paid by the employer to the state, the worker generally does not receive compensation for the employers violations.

As others have said, I'd be looking for a new job.

[jerseyisfallingapart]

thank you NJ goat. I appreciate the response. Its good to know there are concrete laws I can use when I demand my check again today.....


I will definitely follow up with the DoL

[hrjersey]

It is done through the DOL Wage & Hour.

Here is the link. You can review the laws pertaining to payment on this site. You can also report the employer.

Department of Labor and Workforce Development | File a Wage Claim

[manderly6]

I don't know about you, but I would have been looking for a new job the day the first check bounced or was late.

[Marc Paolella]

Originally Posted by jerseyisfallingapart

thank you NJ goat. I appreciate the response. Its good to know there are concrete laws I can use when I demand my check again today.....


I will definitely follow up with the DoL

You can make demands and file paperwork until you are blue in the face. GET OUT. You are on a sinking ship and are rearranging the deck chairs. Find a job with a real employer that is making money and paying their valued employees. If you stay, it becomes YOUR fault.

[CaptainNJ]

out of curiosity, have you started looking for another job?