The frequency with which a worker must be provided their paycheck varies by state in the United States. In the majority of states, there are state wage and hour laws and labor laws on the subject.
This means that state laws outline the frequency with which an employee must be paid. The frequency of paydays may be categorized as:
- Monthly;
- Semimonthly;
- Biweekly; and
- Weekly.
Payday frequencies are not prescribed by law in every state. The laws in certain states may also provide other provisions regarding paydays. Some states have different pay periods for different workers depending on their occupation.
The majority of states also request that employers provide their employees with notice of the pay period for their occupation. It is important to note that workers who are classified as independent contractors are not covered by paycheck laws.
Their pay frequency is typically outlined in a written contract between the employer and the independent contractor. It is also important to be careful regarding the terms biweekly and semimonthly.
There is a difference between these two types of pay periods. A worker who is paid on a biweekly basis is paid every two weeks.
A worker who is paid semimonthly is paid two times a month, for example on the 15th and last day of the month. This means that a worker paid biweekly typically receives 26 paychecks in a year and workers paid semimonthly receive 24 paychecks each year.
What Are the Paycheck Laws in New Hampshire?
In the State of New Hampshire, there are a number of labor laws that are in place to protect employees from employers, including wage and hour laws that are designed to protect the earned wages of an employee.
If an individual’s employer is not providing them with a paycheck or if they are having a dispute regarding their paycheck, a New Hampshire employment lawyer can help by advising an individual of their rights under state laws.
When Must Paychecks Be Sent Out in New Hampshire?
In the State of New Hampshire, an employer is supposed to pay their employees biweekly unless the employer obtains permission from the Department of Labor to pay them on a monthly or semimonthly basis or pays them in advance. Even if an individual’s employer is granted permission to pay less frequently than once every other week, the employer is still required to pay workers on a regular schedule.
If, however, an employer pays a worker for their work in advance, they will not be held to any requirements to pay by a certain time.
What Should I Do If My Paycheck Is Late?
There are some states that may have specific procedures outlined in state laws that employees may follow if they do not receive their paycheck on time. The general procedure that is commonly followed in the United States includes:
- A worker should contact their employer and ask when they can expect to receive their paycheck;
- It is recommended for a worker to ask in writing for the paycheck and keep a copy of the request;
- If an employer does not pay a worker after they have requested their pay, the worker may need to file a claim for the unpaid wages with their state department of labor;
- Beyond this, if still unpaid, a worker may have to file a claim in small claims court; and
- For larger amounts of money, a worker may consider hiring an employment attorney to help them file a lawsuit.
A worker should follow these procedures or the procedures that are outlined in their state if their employer refuses to pay them. So long as the worker is still employed by their employer, that employer is required to pay them a reasonable estimate of what they would owe for the number of hours that the employee would typically work during the pay period in question.
What Happens If I Am Fired?
If a worker is terminated, they should be provided with their last paycheck within 72 hours. If, however, a worker has been laid off, their employer can wait until the next payday to provide the final paycheck.
Employees who quit are entitled to receive their last paycheck by the next payday unless the employee provided at least one pay period notice or was not allowed to work for the period of notice that they provided. If either of these situations apply, the employee is entitled to their wages within 72 hours.
A company that chooses to provide paid vacation leave will be required to pay that amount to any employee that has any unused days when they leave their position. This applies whether the worker was fired or quit.
What About Overtime?
Overtime has to be paid by the payday of the next payroll period. Only overtime wages can be delayed in this way.
What If My Payday Falls on a Holiday?
If an employer observes a holiday and is closed for business, the payment must be provided by the next business day. If an employer does not observe a holiday and is open on a holiday that is also a pay day, the employer has to provide their workers with their paychecks on that date.
Can My Paycheck Be Garnished in New Hampshire?
Typically, in New Hampshire, a worker’s wages can be garnished. However, it can only be done with the express permission of the court.
For the majority of personal debts, a creditor seeking payment from an individual has to go to court and obtain a judgment against the individual before they can request that their employer automatically deduct the debt payments from their paycheck. There are certain debts that do not required a judgment, including:
- Past due child support;
- Unpaid taxes; and
- Defaulted student loans.
If a worker damages property or products at work, their employer is not permitted to deduct wages from their paycheck to cover that cost. An individual’s employer is also not permitted to deduct overpayments from a worker’s paycheck, unless the worker provides written permission to retrieve the amount.
Can I Recover a Withheld Paycheck?
There is not a valid reason why an individual’s employer should withhold their check. If a worker’s employer does so, the worker has the right to fight for what is owed for them.
When attempting to get an unpaid paycheck, an individual can file a complaint with the New Hampshire Department of Labor or they can go after their paycheck in court.
What Are Some Other Things I Should Know?
Employers cannot ask workers to pay for uniforms or any unnecessary medical tests for their job. An employer will have to cover these costs themselves and will not be allowed to deduct them from an individual’s wages.
Employers, however, may require a worker to cover the costs of obtaining permits or licenses they may need for their job.
Where Can I Find the Right Lawyer?
If you believe your employer is violating the wage and hour laws of New Hampshire, it is important to consult with a New Hampshire employment lawyer as soon as possible. If you are fighting to obtain your earned wages, your lawyer can explain the laws of the state and your options.
If you are a New Hampshire employer who is being accused of withholding wages, it is important to consult with a lawyer who can protect your rights and your business. Your lawyer will represent you in court and ensure that you are not required to pay unnecessarily.
