Q:

Can an employer hold an employee paycheck?

A:

An employer cannot hold a final pay check for non-return of company equipment, according to the Fair Labor Standards Act (FLSA). Some states allow employers to deduct such costs from the final pay check, while others prohibit these deductions entirely. It is illegal for an employer to withhold pay for any time an employee has worked, including overtime.

According to the United States Department of Labor, the Fair Labor Standards Act (FLSA), is a federal law that specifies employer responsibilities. Under the FLSA, wages are due on the regularly scheduled date set by the employer for the pay period, as long as the employee works during the relevant pay period.

The FLSA also sets the minimum standards for employment within the U.S. For example, the FLSA prohibits withholding pay to discipline an employee for poor performance explains U.S. News & World Report. Some states have additional employment laws that add to the FLSA, such as setting a higher minimum wage.


Is this answer helpful?

Similar Questions

  • Q:

    Can my employer force me to work overtime?

    A:

    According to the Fair Labor Standards Act, in most cases an employer can force employees to work overtime. Laws can vary depending on which state an employee works in, but the laws regarding wage orders are required to be posted in a prominent place at work where employees can see.

    Full Answer >
    Filed Under:
  • Q:

    How long can my employer hold my paycheck?

    A:

    Legally, an employer can't withhold an employee's paycheck, according to Alison Green in a U.S. News & World Report article. Regardless of the employee's performance on the job or even if the employee made a very costly error that effected the business's operations, the employee must be paid.

    Full Answer >
    Filed Under:
  • Q:

    What is a constructive discharge?

    A:

    Constructive discharge is when an employer creates or allows a negative work environment that forces an employee to quit. Examples include an employer harassing the employee, changing the job location to an unreasonable degree or reducing pay without a valid reason.

    Full Answer >
    Filed Under:
  • Q:

    How do you write an employee termination letter?

    A:

    An employee termination letter is used when an employer severs ties with an employee, which happens under a variety of circumstances, such as poor job performance, unethical behavior, poor attendance, insubordination and layoffs. According to About.com, a termination letter often includes a description of why the employee was let go as well as information about the transition process.

    Full Answer >
    Filed Under:

Explore