Employment Law/Paychecks


QUESTION: I work in retail in Indiana. The company requires the paycheck stub be picked up off the clock. One of our assistant managers will call 3 to 4 days after checks are available if you have not picked up the pay stub. My question is....1.is it legal to require they be picked up off the clock ( I get direct deposit, I already have my money ). 2.Can they require you do it in a specific amount of time? If I am doing it off the clock shouldn't it be in my own time? Thanks

ANSWER: Most companies require paychecks to be picked up off the clock. It does not take long to stop by the office and pick up a check stub.

If you do not wish to do this than give the office a book of stamps and ask them to mail it to you.


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QUESTION: Thank you. If it only took a minute it would not be an issue. Most of the time it takes 10 min up to 20 to get a manger to the office to unlock the safe. But it seems there is nothing in the law to cover this. They can take as long as they want. You either wait or come back. We also have to sign a sheet noting we picked up and time was correct. They will not mail them even if stamps were brought in.

ANSWER: If you have direct deposit maybe you do not really need the slip every payday. If you pick it up each quarter you will see your year to date amounts. What happens is you do not pick them up?

You are correct, there is no law to cover this. It is a procedure of a business and is up to the business.


P.S. You can access your bank online and check the payday morning. If you check is the same as it was last month you probably do not need your pay stub. If the amount is different you will need to pick up your pay stub to figure out why it is different. Especially if it is a significant amount. A few hours of overtime would be just a little difference with taxes.


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QUESTION: If we do not pick them up ( the stub or check ) in the time we are told to we get written up.  Just can be inconvenient. But if we are on vacation at the time, it can sit there till returning to work. No matter how long that may be. The joys of retail.

Being written up for not retrieving a check stub in a specified amount of time is petty and will not be looked at as a valid write up by the Department of Labor. As HR I feel this is a bit petty and not a good practice. When checks and Direct Deposit advices are ready at our company they are given to each supervisor and he hands them out to his staff and if someone is gone or not there right then he locks it in his desk and gives it to them later.


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Shirley McAllister, CPP, PHR


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).


30 years in Payroll and Human Resources

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

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

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