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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111467
Experience:  20+ Years of Employment Law Experience
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Since January 1st is a holiday, do certain states require

Customer Question

Since January 1st is a holiday, do certain states require the employees be paid the day before? This puts the wages/benefits in 2015 which we do not want to do.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, none of the states mandate pay dates. The states all leave dates of pay to the employer to decide. Also, it is not when the employee receives the check that determines the year it goes into, even if you pay them January 1 or later in 2016, if the money was earned in 2015, it goes on 2015. The wages benefits are attributed to the time earned, not the time paid out.

Customer: replied 1 year ago.
What about constructive receipt? If we leave the official paydate as 1/1 but send ACH files and checks dated 12/31/15 so the employees have their funds available.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

"Constructive receipt" has nothing to do with this. The fact is when the work itself was performed. If the work was performed in 2015 even if they do not get the pay until 2016, the pay goes on the 2015 reports. You can send your pay anytime you want to send it, that is up to you, but it certainly has no impact on whether it is credited to 2015 or 2016, that is determined by when the work was done to earn that pay.

Customer: replied 1 year ago.
Thanks
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

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