5 Things To Do if Your Paycheck Is Late, According to Experts

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Regular paydays are essential to your financial stability, especially if you’re living on a tight budget and depend on your paycheck to pay upcoming bills. If a paycheck is late, it can be a source of stress, in addition to a financial strain. Plus, if you’re not able to pay your bills on time, a delayed paycheck could result in late fees or even have a negative impact on your credit.

If a paycheck is late, taking the right steps can help address the issue, and hopefully get you paid quickly.

Approach Your Employer

If you don’t receive your paycheck on time, start by approaching your employer about the issue. Kit Longnecker, Associate Attorney at Livelihood Law, LLC, explained that in Colorado, employees must be paid on regular paydays no later than 10 days after the end of each pay period. That timeline can vary depending on the state, so do a little research into your state’s requirements. Longnecker recommended that if you’re not paid within that required period — or on the payday and time your employee specified — you contact your employer.

Start by approaching whoever is responsible for issuing paychecks or addressing pay issues, such as your Human Resources or payroll department. If you’re unsure of who to contact, your supervisor may be able to direct you to the correct individual.

“We often recommend that employees use their best judgment on who to contact and how,” explained Longnecker. “After all, they know the nuances of their employer and what method is likely to get them the best results better than an attorney.”

She also explained that starting the conversation in person may be advisable, since tone and context can be misconstrued in emails. However, be sure to follow up any verbal communication with an email to create written documentation of the conversation you had.

Document the Process

While paycheck issues may be resolved without progressing to legal proceedings, documenting the process from the start can ensure you’re prepared in case you do have to pursue legal recourse to get paid. David Fish, Partner at Romano Law, recommended that you maintain payment records, such as pay stubs, bank statements that document the missing payments and timecards or records of the hours worked. Additionally, he suggested keeping a copy of your employee handbook, which often details how and when you receive your paycheck.

Keep all of your written communications, including emails, text messages or written notes exchanged with your employer about the delayed paycheck, too. As you collect this information, make sure that you don’t violate any confidentiality agreements you have with your employer. According to Longnecker, you can forward emails about your payment to a personal email address, print copies of the emails or take screenshots. “It’s important to capture the date and time of these communications, as well as the people involved in the communication when collecting documents,” she said.

File a Written Demand

Make a demand in writing to your employer for your late paycheck as soon as the check is late. “We do not recommend that an employee wait until there are multiple missed paychecks before addressing the situation with their employer,” said Longnecker.

Again, it’s important to refer to your state’s specific laws about late paychecks. Longnecker explained that under Colorado law, if an employer doesn’t pay the employee in full within 14 days of a written demand, the employer is liable for penalties. “That 14-day timeframe can serve as a guideline for pursuing the next step of filing a formal complaint, although an employee does not have to wait 14 days before contacting the Colorado Department of Labor and Employment or an attorney,” she said.

Consider Filing a Claim

If speaking with your employer and making a demand for your paycheck in writing haven’t yielded results, then you may consider filing a legal claim against your employer. According to Fish, you may file a wage claim with the appropriate federal or state agency. “The statute of limitations (the time in which you must file) for a wage claim with the U.S. Department of Labor is two years from the date of the violation,” explained Fish. The statute of limitations to file a wage claim with your state varies, so refer to your state laws.

Before you file a claim, consider getting expert help. “Some states only allow you to file one wage claim with the state agency or U.S. Department of Labor,” Fish said. “The employee’s company also may not be covered under federal wage laws.” Consulting an experienced attorney can help you determine whether it’s best to file a state or federal wage claim.

If your claim is successful, your employer might be required to pay you additional compensation for losses that you experienced because of the delayed paycheck. “Generally, the additional compensation will be equal to the amount of back pay the employee is owed,” Fish explained. “Depending on the state, employers may face additional penalties.” For example, in California, employers can be penalized a day’s worth of pay for each day they take to fix the delayed paycheck, up to a total of 30 days.

Filing a claim may not always be the right choice, so think carefully about the potential implications. “Initiating litigation is a serious matter that requires time, money and emotional energy,” said Longnecker. “We strongly encourage employees to seek counsel before filing a lawsuit against their employer.”

Know Your Rights

Dealing with a late paycheck can be very stressful, but knowing your rights can be reassuring and may help guide you through the process. “Under Colorado law, an employee can’t be fired for asking for wages that are owed to them,” explained Longnecker. “Further, it is illegal for an employer to intimidate, threaten, restrain, coerce, blacklist, discharge, discriminate or retaliate against any employee who has filed a complaint to enforce their rights under the Colorado Wage Claim Act.”

Since employment law differs from state to state, a local employment attorney can help you understand your rights and your legal options. Consider contacting an attorney early on in the process for guidance and advice.

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