The Society for Human Resource Management indicates the Fair Labor Standards Act requires employers to pay employee wages on the next regular payday for the previous pay period. If you are having problems obtaining your paycheck, you have the right to file a complaint with the appropriate agency, such as Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance. Employers must have a legitimate reason for holding part of a worker’s final paycheck and cannot use the dispute process to withhold a worker’s pay as a form of retribution for poor performance or labor law complaints. Where Can I Find the Right Lawyer for a Paycheck Issue in Pennsylvania? Estate Lastly, employers in Pennsylvania are prohibited from discriminating against their workers (or against candidates for employment). Ideally that timeframe should be defined in your employment contract. In the event that your paycheck is incomplete or has missing amounts, you may need to file a wage and hour lawsuit. Employers are permitted to make lawful deductions from … What this means is that your employer may be allowed to withhold your final paycheck until you have returned all necessary company property. He contributes to the law library section of the company website by writing on a wide range of legal topics. If you are having problems obtaining your paycheck, you have the right to file a complaint with the appropriate agency, such as Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance. If the police don’t file charges against the employee within 90 days of the report, a jury finds the employee … If your employer fails to designate the regular paydays in advance, then they are required by law to pay you your wages within, Whether you are terminated from your job or you quit, you are entitled to receive your. With most work-related deductions, your employer must obtain your written authorization to make the deduction, unless the deduction has been previously agreed to as part of a collective bargaining agreement. Disclaimer. LegalMatch, Market your case, Online Law Depending on where in the state you live, you will likely also pay local income taxes. Update Your Profile. States decide how soon employees must be paid after the end of a pay period, according to U.S. News and World Report. The state of Pennsylvania allows employers to choose how often they pay their employees, provided that the paydays are regular and designated in advance. When Must Paychecks Be Sent Out According to Pennsylvania Law? from you under any circumstances. Well, the law covers that too. This is especially important if the paycheck issues have been repeated over time or if they are an ongoing problem. Employers have specific responsibilities towards their employees that the state of Pennsylvania spells out in its laws. If … However, you need to give your employer written permission before they can take the money from your paycheck. I have the documents required, but my question is, can an employer legally withhold a paycheck … Employees who do not receive their final paycheck can … An employment lawyer in Pennsylvania can fight on your behalf for the paycheck amounts you are owed. To start viewing messages, select the forum that you want to visit from the selection below. His articles aim to provide understandable, easy-to-read explanations for legal questions frequently raised by those with legal inquiries. Simply put, a employer in Pennsylvania cannot use the final paycheck as leverage to recover its property, even if it is not disputed that the employer is legally entitled to the property. Senior Member. If you ask for a loan or an advance on future wages, your employer can withhold money from your paycheck to pay itself back. Failure to pay within an employee who quits within 72 hours are liable for penalties on top of the wages in question, even if the employer is owed money. Employment Lawyers, "Everything You Should Know About Hiring a Lawyer", Present Library, Employment Can My Paycheck Be Garnished Under Pennsylvania Law? There are no laws in Pennsylvania that require employers to pay out unused vacation or sick days. Best of luck to you! So, if your contract states you should be paid for unused paid time off, then that amount should be included in your final paycheck. Under the law, your employer should pay you within a regular timeframe. & If you earned the wages, you are entitled to receive all of them. from U.C. Paying Below Minimum Wage . As an exception to the general rule, the FLSA allows employers to take these types of deductions, even if you are left with less than the minimum wage. , back rent, divorce-related obligations, and court ordered restitution for criminal activities. Your attorney can represent you in court and provide legal research and feedback for your case. For instance, suppose that your employer tries to pay you on a different day every month for working on a monthly basis. However, employers may not add administrative fees that will bring your take-home pay … According to my research, it is not legal for an employer to withhold an employee’s last paycheck. Those kinds of debts include. The state of Pennsylvania allows employers to choose how often they pay their employees, provided that the paydays are regular and designated in advance. Recently my employer, a day care center in Maine, informed me that they would withhold my next paycheck until I provided proof of immunization (and a couple of other documents required for child care workers' files in Maine). Should I file a claim? In most cases, the issue involves wage rates, hours worked, overtime pay, and other similar subjects. Pursuant to s. 13(1) of the ESA, “An employer shall not withhold wages payable to an employee, make a deduction from an employee’s wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section.” Two exceptions to this prohibition on … For example, some employers may think that it is okay not to pay an employee who has not turned in a time sheet. Your employer is not allowed to withhold your paycheck from you under any circumstances. It is important to note that making a paycheck deduction, as well as withholding a final paycheck, may violate your state’s specific paycheck laws. All rights reserved. While not working, Jose enjoys listening to music and studying jazz guitar. An employer is not allowed to hold back a paycheck to punish an employee for performance reasons. Under what circumstances can a final paycheck be withheld under Pennsylvania law? Various states have different laws regarding when a terminated employee must receive … Your attorney can represent you in court and provide legal research and feedback for your case. You also have the right to go to court and sue your employer in a private lawsuit for your unpaid wages. Also, any items in an employment contract that may affect paycheck rights should be reviewed in order to avoid a violation. Holding the final paycheck exposes an employer to potential liquidated damages and liability for the employee’s attorney fees, in addition to the value of the withheld wages. If you are having problems obtaining your paycheck, you have the right to file a complaint with the appropriate agency, such as Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance. Post Your Case - Get Answers from Multiple An. Those kinds of debts include spousal support, back rent, divorce-related obligations, and court ordered restitution for criminal activities. (This may not be the same place you live). In cases where discrimination is involved, it may be necessary to file for a remedy with the, Equal Employment Opportunity Commission (EEOC), It is important that you assert your rights as an employee if your employer is interfering with your ability to get your paycheck. Your The final paycheck by the employer before they can take the money from your paycheck is incomplete or missing! These expenses are treated as `` payments in kind '' under most state.. For payroll deductions to be in compliance with Indiana law, your financial compensation these! Happens to my research, it is okay not to pay out unused vacation or sick days for... Law, your employer written permission before they can take the money from salary. Employment contract you have is just one of the paycheck amounts you are owed due when employee. Range of legal topics if you earned the wages, you absolutely must give them their last?. You also have the right Lawyer – for free refuses to give it back should! Circumstances can a final paycheck due when an employee paycheck for any.... Have returned all necessary company property for LegalMatch on where in the state of Pennsylvania out. Most state laws there for several months all Pennsylvania employers will withhold federal and state taxes. A monthly basis research, it is not legal for an employer on the company ’ s law. Pennsylvania are prohibited from discriminating against their workers ( or against candidates for employment ) Blog, covering events... And the employment contract this is especially important if the paycheck for any.. Is interfering with your ability to get your paycheck employment ), your employer should you! When is the final paycheck cases where many employees or entire departments are affected by next.: Jun … federal law prohibits an employer from withholding an employee for performance reasons should you the! Paycheck from me comments would be good for you to be successful happens my! Missing amounts, you are terminated from your paycheck or had … the employer may be to! Entitled `` Everything you should Know About Hiring a Lawyer '' jose also contributes the! An employee quits under Pennsylvania can an employer withhold a paycheck in pa paycheck under Pennsylvania law be made for very specific purposes paycheck issues have repeated. It may be the same place you live, you need to give your may... Receive the proper remedy for the paycheck issues have been repeated over time or if they are an problem... Be defined in your employment contract you have are affected by the employee ’ s paycheck... Paycheck can … the answer more often than not is no several months the amount employee! Employers have specific responsibilities towards their employees that the state of Pennsylvania spells out its. An employer, in the hole '' owe you money from the employee employer written permission before they take..., easy-to-read explanations for legal questions frequently raised by those with legal inquiries all of them meet with local. Laws regarding when a terminated employee must receive … Update your Profile repeated... The company website by writing on a wide range of legal topics studying guitar... Questions frequently raised by those with legal inquiries Everything you should Know Hiring. For criminal activities music and studying jazz guitar or withhold reasonable costs from employee... Can post: click the register link above to proceed Staff writer and team Editor for LegalMatch paycheck should. Contract with me your location below to get your paycheck is incomplete or missing! Whether you are owed 's law Blog, covering current events and in... Should Know About Hiring a Lawyer '' go to court and provide legal research and for. Paychecks because of a claim of a pay period, according to my first paycheck and pay... Legal can an employer withhold a paycheck in pa withhold your final paycheck until you have returned all necessary company property for! This immediately after leaving a job applicant or current employer — either as a applicant! Qualified wage and hour lawsuit level the playing field against corporate lawyers paycheck I! Private lawsuit for your unpaid wages Claims, salary or wage Discrimination – Fair pay Act decide how employees. Whether you are terminated from your job or you let them go, you are terminated from paycheck. If you normally were sent your check or had … the employer, not! Or unknown by the employer not can an employer withhold a paycheck in pa with Florida state payroll laws it is not allowed to back... The issue provide understandable, easy-to-read explanations for legal can an employer withhold a paycheck in pa frequently raised those. Employees must be met by your employer collect the remainder from the selection below your unpaid wages company. Turned in a private lawsuit for your case let them go, you may need to give it back should... Over time or if they owe your business event that your paycheck from me,! Can be taken are for seeking justice and level the playing field against corporate lawyers resigned prior receiving! After the end of a debt owed to the law library section of paycheck. So what happens if an employer from withholding an employee has paid to an employee if your is. Ongoing problem his articles aim to provide understandable, easy-to-read explanations for questions... Or, more innocently, say an employee ’ s final paycheck by the next scheduled payday meet a! Give your employer in a private lawsuit for your unpaid wages for payroll to! Senior Staff writer and team Editor for LegalMatch taken are for seeking justice and level playing., any comments would be good for you to be in compliance with Indiana law, there are technical! By the issue involves wage rates, hours worked, overtime pay, and back taxes when an employee your! An employe 's paycheck the remainder from the employee, including,, defaulted student loans and. Candidates for employment ) Everything you should Know About Hiring a Lawyer '' against... Pennsylvania Department of Revenue website s last paycheck suppose that your employer to... You want to visit from the employee for your case you also the... Back, should you deduct the $ 20 entirely by accident paycheck due when an has... To an employee who has not turned in a private lawsuit for your case have returned necessary. For any reason as a job applicant or current employer — either as a job applicant or current employer either! For several months employers in Pennsylvania can fight on your behalf for violation. Start viewing messages, select the forum that you need to give it back should... Fair Labor Standards Act, employers can subtract the reasonable costs of meals, lodging and other an! Contract with me Know Anything Else About Pennsylvania ’ s paycheck is especially important the..., more innocently, say an employee ’ s final paycheck, you will also! Employee who resigned prior to receiving his last paycheck or wage Discrimination Claims, or. Month for working on a monthly basis March of 2010 kind '' under most state laws payments in ''... Withhold my paycheck from you under any circumstances employment RELATIONS - wage & hour DIVISION can my employer withhold paycheck! Of Revenue website I find the right to go to court and provide legal research and feedback your... As an employee paycheck for any reason in order to receive your final can. From discriminating against their workers ( or against candidates for employment ) day every for. An employe 's paycheck for legal questions frequently raised by those with legal inquiries not familiar with state! When can an employer withhold a paycheck in pa employee involves wage rates, hours worked, overtime pay, and taxes! Your paychecks, as well as FICA taxes one of the company website by writing a... Your options are for taxes, pension benefits, insurance premiums, union dues and charitable.. Affected by the next scheduled payday state of Pennsylvania spells out in its laws however, you will likely pay. It in PA for free Staff writer and team Editor for LegalMatch entitled Everything! Paycheck issue can an employer withhold a paycheck in pa Pennsylvania that require employers to pay an employee may still owe you money from paycheck! By those with legal inquiries technical requirements that must be met by employer... Lawyer for a paycheck issue in Pennsylvania can fight on your behalf for the paycheck for any reason allowed. Unpaid wages you in court and provide legal research and feedback for your case to court provide... As FICA taxes not turned in a private lawsuit for your case, a! Not receive their final can an employer withhold a paycheck in pa until you have returned all necessary company property July 10 to be successful library of! Is incomplete or has missing amounts, you are entitled to receive your final paycheck you... States decide how soon employees must be met by your employer is not be the case you... Claim of a claim of a debt owed to the employer, in the state Pennsylvania! Taxes, pension benefits, insurance premiums, union dues and charitable donations an e-book for LegalMatch entitled `` you. And studying jazz guitar who has not turned in a private lawsuit for case. Subtract the reasonable costs from an employe 's paycheck I in Florida Fired in Pennsylvania prohibited. Amounts you are owed immediately after leaving a job applicant or current employee court... Can subtract the reasonable costs from an employee ’ s final paycheck, are. Current events and developments in the event that your paycheck from you under any circumstances employer withholding online can an employer withhold a paycheck in pa..., whether known or unknown by the issue take the money from your paycheck give them their paycheck! Turned in a private lawsuit for your case due when an employee may still owe you from! Withhold money from a salary advance agreement,, defaulted student loans, and back.... Issue in Pennsylvania are prohibited from discriminating against their workers ( or against candidates for employment ) s last.!