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Employment Law/payday frequency change

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Question
I have been informed that in 2014 my first payday will be January 9, 2014 (work period Dec 30 through January 10)and I will be paid biweekly instead of weekly.  Thursdays has arbitrarily been payday.  Management decided in October at a meeting and I just got a letter November 25, 2013.  I live in the state of Virginia.  Shouldn't I have received more advanced notice than just a month?  Since they are changing the pay cycle (from weekly to biweekly), should I not get paid for December 30th and 31st in 2013 and NOT as part of a biweekly salary in 2014?

Answer
You have to be given a 30 day notice for pay changes. 30 days is said to be sufficient notice.

The last two days of the month of December are quite often paid in January. This is not unusual, nor it is illegal. My last December payday is on Dec 20th and the rest of December is paid in January. We have bi-weekly and there are 26 paydays in a year. Dec 20th is my 26th payday for 2013.

Bi-weekly is the most common way to pay employees in the U.S. it is used by most of the companies. Weekly pay is becoming extinct it is not used much anymore.

Shirley

Employment Law

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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

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

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

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