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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17216
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My husbands place of employment recently went to an automatic

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My husband's place of employment recently went to an automatic deposit system; however he now has to wait for three days before he receives his pay. He is a salaried employee; however it is the same for everyone.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

How often is he paid?

WALLSTREETLAW :

Weekly or biweekly?

Customer:

Bi-monthly the 15th & 30th

WALLSTREETLAW :

is the direct deposit with his bank

Customer:

Yes

Customer:

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?

WALLSTREETLAW :

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?

WALLSTREETLAW :

In terms of the law,

WALLSTREETLAW :

the employer should be paying your husband on the date of payment,

WALLSTREETLAW :

if the employer has posted a notice changing the dates of payment,

WALLSTREETLAW :

to include the three day delay that would be allowed,

WALLSTREETLAW :

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,

WALLSTREETLAW :

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)

WALLSTREETLAW :

The law does not allow for a delay,

WALLSTREETLAW :

also in Tn the law clearly states

WALLSTREETLAW :

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.

WALLSTREETLAW :

If the employer has not given notice to the employees of the delay,

WALLSTREETLAW :

a complaint should be made with the State as they have violated the notice requirements,

WALLSTREETLAW :

however the damages will be limited,

WALLSTREETLAW :

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.

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