Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification
How often is he paid?
Weekly or biweekly?
Bi-monthly the 15th & 30th
is the direct deposit with his bank
Should there not be a cutoff date for hourly and then totals sent in so that if the pay date is the 15th it is in the account by midnight?
The law in TN allows the employer to set up direct deposit only in the employees bank, also, in terms of the late payment, is it the banks fault or employer?
In terms of the law,
the employer should be paying your husband on the date of payment,
if the employer has posted a notice changing the dates of payment,
to include the three day delay that would be allowed,
However if no notice is given and the pay date is the 15th, and he is not paid on that date or has to wait three days for the funds to clear, that could be a violation of the law,
Section 206(b) of the FLSA provides that “[e]very employer shall pay to each of his employees … who in any work week is engaged in commerce or in the production of goods for commerce … not less than the minimum wage rate….”29 U.S.C. § 206(b)
The law does not allow for a delay,
also in Tn the law clearly states
An employer must establish and maintain regular pay days and must post and maintain notices, printed or written in plain type or script, in at least two (2) conspicuous places where the notices can be seen by the employees as they go to and from work, setting forth the regular pay days.
If the employer has not given notice to the employees of the delay,
a complaint should be made with the State as they have violated the notice requirements,
however the damages will be limited,
as TN law also states wages must be paid, within 20 days so being paid bi weekly and even with the three day delay would not be a violation of the law, the only violation I see is the lack of prior notice.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).