What can I do lawfully if my employer does not pay me on paydays and I am unable to cash my paycheck when I get it?

UPDATED: Sep 30, 2022

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What can I do lawfully if my employer does not pay me on paydays and I am unable to cash my paycheck when I get it?

I have to wait for days at a time before I can cash when I finally get it.

Asked on February 15, 2016 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In your state, the only legal requirement is that you be paid at least twice a month. There is no labor law setting the specific days that you must be paid, or if the money must be available when you receive a check, so if you are being paid twice monthly, your employer is complying with labor law.
However, if the employer knowingly gives you a check that has insufficent funds in the account when you get the get to cover it, that would a violation of the bad check laws and you could possibly sue for compensation and/or look to file charges. So if the reasons you can't cash the check is insufficient funds, you may have recourse. 
But if the reason you can't cash it when you get it is that you can't get to the bank right away given the day you receive it, then so long as you are paid twice per month, it is legal.

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