Legal Question in Employment Law in New York
Withholding Salary without Reason
The company I work for switched from Bi-Monthly to bi-weekly pay periods starting in January 2004. As a result of the change in pay schedules, all salaried employees were told that 3 days pay was going to be withheld until the last paycheck of 2004. Now we're being told that we will receive this money then we retire or otherwise leave the company.
In my case, my 2004 salary was $460 short (1.5%) of what I was promised when I accepted the job in 2003. I know this is now a lot of money, but this same thing happened to more than a thousand of my fellow employees. The total withheld could very well be in the millions of dollars.
Can my employer withhold pay indefinitely?
2 Answers from Attorneys
Re: Withholding Salary without Reason
No. In fact, if you wish to make a complaint, both the NY State and United States Departments' of Labor have provisions for the recovery of overdue pay, wage supplements and benefits.
You can obtain more information from their websites.
Re: Withholding Salary without Reason
Probably not, but is it worth it to you to start a complaint over a few hundred dollars? Are you ready to make your job situation uncomfortable?
If all the workers get together and complain that's one thing but you don't want to be the only one left holding the bag.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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