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What is this that I hear about not being legally "allowed" to hold an employee's paycheck for administrative reasons? (i.e., fialure to submit certain paperwork such as timesheets or benefit packages)
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Holding paychecks

posted at 8/10/1999 10:12 PM EDT
Posts: 13
First: 8/6/1999
Last: 5/19/2006
What is this that I hear about not being legally "allowed" to hold an employee's paycheck for administrative reasons? (i.e., fialure to submit certain paperwork such as timesheets or benefit packages). This seems to be the only method that works! (I am referring to full time exempt AND non-exempt, if there is a difference. I am also referring to part-time non-exempt employees).

Thanks!
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Holding paychecks

posted at 8/11/1999 12:47 AM EDT
KSD
Posts: 58
First: 6/14/1999
Last: 2/20/2006
Many states do not allow you to hold an employee's paycheck for any reason. I know DE is one of those states.
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Holding paychecks

posted at 8/11/1999 5:22 PM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
It depends on your state's regulations. Some states may allow it, others don't. For example, here in CT, it is illegal to hold checks or withhold and deduction without the employees' written approval.

Your state may allow it. Check with the DOL on the mandated frequency of payment and limits on withholding wages.
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Holding paychecks

posted at 8/12/1999 2:44 AM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
New York also prescribes by statute the time within which employees must be paid earned wages.

I am curious as to why other means of motivating employees to submit timesheets, etc., have failed. Have your applicable policies been clearly explained/distributed, and have violations of the policy been treated as a performance issue? If necessary, consider revising and redistributing the policy, and then enforcing it as modified.
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Holding paychecks

posted at 8/12/1999 7:01 AM EDT
Posts: 13
First: 8/6/1999
Last: 5/19/2006
Thanks for the advice.....however, NJ's Department of Labor never responds when you ask them a question!!!!!!!
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Holding paychecks

posted at 8/12/1999 7:03 AM EDT
Posts: 13
First: 8/6/1999
Last: 5/19/2006
Personnel is aware of applicable policies relating to handing in timesheets, they simply seem to not care. Specifically our full-time employees who know they will "get a paycheck whether they hand it in or not"!
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Holding paychecks

posted at 8/12/1999 3:55 PM EDT
Posts: 30
First: 8/12/1999
Last: 2/4/2000
In California, you cannot hold an employee's check HOSTAGE in order to get him to do (or not do) something.

His entitlement to wages for time worked is INDEPENDENT of other matters.
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Holding paychecks

posted at 8/12/1999 3:57 PM EDT
Posts: 30
First: 8/12/1999
Last: 2/4/2000
Teresa, can't you check your state's web site? Perhaps the answer will be there.
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