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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > Pay Days

Employment Law - Pay Days

Expert: Shirley McAllister, CPP, PHR - 10/28/2009

Question
Our organization pays twice a month (we are located in VA). When a pay day falls on a Sunday, should the employees be paid the Friday before or the Monday after. Thank you.

Answer
Wages in the state of Virginia must be paid either before or on the regular scheduled payday. This means it must be paid the day before.

Here is the statute from the Virginia wage laws:

Title 40.1 of the Code of Virginia

Virginia Payment of Wage Law, § 40.1-29 of the Code of Virginia.
Employers must establish regular pay rates and pay dates, and pay employees all wages, salaries, and commissions on or before the established pay day. Fringe benefits such as vacation, sick, holiday, and severance pay are not required to be given under the law, and employers may establish any or no policy regarding these fringe benefits. Payment must be made in cash, by check, or direct deposit if the employee chooses, and, in limited circumstances, by payroll debit cards. Employees cannot be forced to participate in direct deposit of their wages. The law prohibits employers from making deductions, other than for taxes or other items required by law such as garnishments, without first securing the employee's written authorization to do so. Even with written permission, employees cannot be required to forfeit their wages for shortages, errors, damages, etc. Employers can be assessed a $1,000 penalty per violation or face criminal charges for intentionally and willfully violating this law.

It is at this website:

http://www.doli.virginia.gov/laborlaw/laborlaw.html

Shirley

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