Employee Compenstation

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Employee Compenstation

In Illinois, can an employer legally delay an employee from receiving pay for hours worked? I.E. you start with a new company who said they pay on the 15th and 30th of the month. You start on the 1st of the month, they then tell you you will not receive a paycheck until the 30th of said month. You have worked 160 hours.

Asked on May 12, 2009 under Business Law, Illinois

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In answering your question, it is best to determine first whether you are an FLSA-exempt or non-exempt employee. This is important because in Illinois, employees are ought to get paid not less often than semi-monthly (e.g. 10th and 25th or 15th and 30th, etc.); and monthly for FLSA-exempt employees. For employees under union contract, payroll schedules could vary on different intervals. Under the Fair Labor Standards Act (FLSA), an exempt employee is entitled to receive the full amount of the base salary in any work period. Therefore, the basis of your entitlement may depend greatly on your employment status. I suggest you discuss this freely with your employer.


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