Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today
When you are an employee, regardless of your pay or whether it is in line with market, you are selling your labor
(basically at a discount) to the employer who then marks it up for sale. In my mind there is never an excuse for the employee not to get paid because that is the inherit deal between employer and employee - i.e. employee gets paid less than retail for the certainty of a paycheck. When they are missing paychecks that violates that whole deal. Yet I have clients that come to me not having been paid for months.
You are in an unfortunate situation because your state does not have a specific law that penalizes employers for missed pays. But, you could file a federal claim as they violated federal law and/or you could sue in civil court for breach of contract
. Of course after you do this the employment relationship will be soured. I'd consider as such, that you should look for new employment now. Once you find new employment, file a federal charge or sue them in civil court. The federal charge will cost you nothing, so that may be the route you want to go (see this website http://www.dol.gov/wecanhelp/howtofilecomplaint.htm. They very well may be considering to terminate you and it would be legal yes.
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