Can they hold wages?

[tigger22472]

What is the name of your state?Indiana

I work as a CNA in a nursing home. There have been previous issues about checks being held and today it was brought up again. On payday they will not release a check if there was a 'manatory' meeting that the employee missed. They are required to see the Admin. to get the information from the meeting and give an explination as to why they didn't attend. Today employees were informed that if they don't fill out their paperwork completely they would 'hold the one thing most vital to you, your check" until you see someone and fill in the holes. One employee stated she didn't believe that was legal and she much more preferred a note giving her notice in instances where she's forgotten. It was sternly stated to her that wasn't going to be done and checks WOULD be held.

Is this legal or not? If they can hold the checks, how long are they allowed to do so?

TIA

 

[cbg]

Indiana law requires that an employer release any given paycheck no later than 10 days after the end of the pay period.

I haven't read the law itself, only a summary. But if my summary was complete, I suppose that technically they could PROBABLY get away with holding it VERY briefly, as long as it was released within that ten day period. Although many states require that paychecks be released on designated paydays, I do not see such a requirement in the IN summary.

However, most if not all states frown seriously on the holding of paychecks for any reason, and those of IN's employment laws that I have had occasion to research have tended to be based in favor of the employee, not the employer. I very much doubt that the IN DOL would approve their holding a check for this reason.

If not technically illegal, this is a highly questionable practice at best. And again, it's possible that if I were to check the entire law and not the summary, I might give you a different answer. There is NO way this is legal if they hold the check past the 10-day window.

If I were you, I would give the IN DOL a call and ask them this question. You do not have to identify yourself, or even if you are the employer or the employee. They will be able to tell you for absolutely certain if this practice is allowed under the law.

 

[tigger22472]

Thank you for your quick reply. The way I understood it though (and I will pass this info on decreetly(sp) of course to some upset employees to check into also) they couldn't actually hold the check more then 3 days as the pay period ends on Sat night and the payday is the following Friday.

I think the reason more were upset today was because of the wording used by telling employees they planned to hold what is 'vital' to them. It seems that is the threat to many issues there to have things done their way rather then another sort of disiplinary action. I'm not sure they have actually even held it very long with anyone. Generally if they are 'holding' it the employee needs to speak to someone and that person is usually there to speak to and as soon as that's done the check is released. It's more out of principal then anything.

 

[cbg]

You would be correct. If your standard payday is 7 days after the end of the pay period, then to hold it any longer than 3 days after that would be illegal, and I'm still not 100% convinced that even holding it that long would pass muster. If you were in one of the states where my summaries specify that checks must be released on designated paydays, I'd be telling you that holding it AT ALL would be illegal - it's only because of the lack of that phrase (which does appear in the summary of other states) that I'm even suggesting that they can hold it as long as I did.

I understand what you're saying about the principle, but if it's illegal, it's illegal. Check with the DOL. Their number in Indianapolis is 317-232-2378.

 

[tigger22472]

Thanks again. I will definately check into it and let others know.