Your employer has certain obligations they have to meet when it comes to your paycheck. These obligations are enforced by the courts, the federal Dapartment of Labor (DOL), and the Arkansas Department of Labor.
When Must Paychecks Be Sent Out?
Paychecks should be sent out at least semi-monthly. It does not make a difference under Arkansas law if you are a salaried or hourly employee. Your employer still has to meet the minimum requirements of sending out your check semi-monthly.
What Happens If I Am Fired?
Regardless of whether you quit or are fired, you are legally entitled to receive your last paycheck within 7 days. Like most other states, Arkansas does not require your employer to provide you with paid sick or vacation leave. If your employer decides on their own to give you paid leave, then, depending on what your contract or employment manual says, you might be owed money for unused sick or vacation days. It might make a difference if you quit or were fired, but any difference will have to be stated in your employment contract or in the employee handbook. Check carefully what your company’s policy is when figuring out if you are owed for unused days.
Can My Paycheck Be Garnished?
Your paycheck can be garnished without a court order to pay for unpaid taxes, owed child support, and defaulted student loans. For all other types of debt, there needs to be a court order that allows the debt collector to take money from your paycheck. An employer is also allowed to deduct money from your check to cover the cost of any damaged or missing products or property. However, if an employer does this, the deduction cannot reduce your check below minimum wage for the week.
Can I Recover a Withheld Paycheck?
If your employer is refusing to give you a paycheck that you have earned, you have the right to file a complaint with the Labor Standards Division of the Arkansas Department of Labor. To file a complaint, you must make either $25,000 or less per year or the money you are owed has to be under $2,000. If you do not meet these requirements, you will have to sue your employer in court for the unpaid money.
Is There Anything Else I Should Know?
If part of your paycheck is commission-based, then your employer has 30 days to pay that amount. Otherwise, you can pursue the owed amount in court or through the Labor Standards Division.
Where Can I Find the Right Lawyer?
Receiving the money you have worked hard to earn is a fight worth having. If you need to fight to get your paycheck or the right amount, you should contact an Arkansas employment lawyer to fight for you.