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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 > Late Pay due to Vacation

Employment Law - Late Pay due to Vacation


Expert: Shirley McAllister, CPP, PHR - 6/30/2009

Question
:) I work in MA at an Internet Publishing Company, and the company is only open Monday-Friday. When a national holiday rolls around, the business also closes. If the place is closed on a payday(weekly), we receive our checks the next week.(We are paid bi-weekly)I've seen this happen a few times and I feel like its not exactly, and I don't want to say it quite like this but, legal. I though in MA you had to pay the Friday or Saturday of a pay week. I did not opt for Direct Deposit because I don't access my bank all too often. I only get paid bi-weekly, and I need my paychecks the Friday's they are offered to pay bills. In MA, is a business allowed or able to withhold checks until an off pay week?

Answer
Massachusetts is a little different than most states. Most states say that the employer must choose a paydate and pay on that paydate.

Massachusetts has a different ruling. Here is the ruling from the Massachusetts Attorney General. According to this ruling it is within the law to pay on the next business day after the holiday if the following rules are met.

Employers must pay employee wages within the following time periods:

If the employee works 5 or 6 days in a calendar week, payday must be within 6 days of the end of the pay period.
If the employee works 7 days or less than 5 days in a calendar week, payday must be within 7 days of the end of the pay period.

You are working Monday-Friday. This is 5 days a week. It says above if you work 5 days a week the employer must pay you within 6 days of the end of the pay period. That means after your work week the employer has 6 days to pay you.

Here is the webpage where I found the information.

http://www.mass.gov/portal/gog_cache.jsp?q=cache:G0T1ULQXZfwJ:www.mass.gov/Cago/...


Shirley


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