The laws of Pennsylvania and New Jersey determine how often employees in both states must be paid. In both states, employers are required to pay their workers at least twice each month, but they are allowed to pay them more frequently if they wish. These laws do not cover independent contractors. Instead, their payments should be spelled out in their written contracts. People who are incorrectly classified as independent contractors are covered under the laws. If you are not receiving your pay on a timely basis, the employment lawyers at Swartz Swidler might be able to help.
The laws that govern the regularity and frequency of paychecks vary between the states, but a majority operate in similar fashions. For instance, most states mandate that employees are paid weekly, biweekly, semi-monthly or monthly. Pennsylvania and New Jersey both mandate that employees are paid twice each month although they may pay them differently if they stipulate to doing so in an employment contract.
In New Jersey, highly paid executives and non-exempt employees may be paid once monthly by their employers. Pennsylvania’s law mandating at least twice-monthly payments applies to non-salaried workers.
What you can do if your paycheck is late
There are several things that you can do if your paycheck is late. It is important to start by contacting your employer in writing. You should ask that your employer pays the wages that you are owed. If your employer does not do so, then you can file a claim with either the Pennsylvania Department of Labor and Industry or the New Jersey Department of Labor and Workforce Development.
You can also file a lawsuit against your employer in court. If the amount in question is small, you can file a small claims lawsuit. If not, you can file it in a higher-level court. If you have a large claim involving late payments or violations of payday laws, you might want to consider hiring an employment lawyer for help.
Contact an experienced lawyer
Employers in New Jersey and Pennsylvania are not allowed to pay their employees whenever they want. They must adhere to the state and federal laws. If you have not been paid for your work, it can cause a domino effect for your finances. Contact Swartz Swidler to find out what you might do so that you can recover the money that you are owed.