You have a right to receive the paycheck on time for which you have worked, and with the full amount you earned. If you are having problems with your employer and your paycheck, you should be aware of the North Dakota paycheck laws which may protect you. Paycheck violations can create major losses for employees, especially if the problem is rooted in a company policy or in company practices.
When Must Paychecks Be Sent Out According to North Dakota Law?
North Dakota payday requirements state that employers must pay their employees at least monthly, regardless of whether the employee is hourly or salaried. Companies can also choose to pay their employees more often than once per month.
However, the paydays must still be regular, designated in advance by the employer, and agreed upon by both the employer and the employee. Thus, if the employer fails to deliver the paycheck at the proper time, they may be in violation, and legal action may be needed to find a remedy.
What Happens to My Paycheck If I Am Fired in North Dakota?
It does not matter if you quit or you were fired in terms of when you can expect your last paycheck. Either way, your employer must provide your final paycheck by the next regularly scheduled payday. If your employer fails to provide your remaining wages to you by that day, you can charge and collect wages from your employer. The charge can include each day they make you wait for your paycheck, for up to 30 days after the day your paycheck was originally owed.
In the state of North Dakota, you are generally entitled to receive payment for unused vacation days. However, in some cases, an employer does not have to give you money for accrued vacation time off. If you were fired or terminated, the employer is not required to pay you for unused vacation time if you had not earned it yet. They are also not required to pay it if they notified you in writing that you would not receive payment for accrued vacation time.
An employer also does not have to pay unused vacation time to employees who quit, if the employee was hired for less than a year or gave 5 days or less notice about quitting. They also do not need to pay if the employer provided the employee with written notice that they are not entitled to compensation for unused paid time off.
Can My Paycheck Be Garnished Under North Dakota Employment Law?
In North Dakota, wage garnishment refers to situations where an employer or other party is allowed to access an employee’s wages and set them aside to be used for the worker’s outstanding debt payments. Your paycheck can be garnished automatically without a court judgment in certain cases, which may include unpaid taxes, defaulted student loans, or child support.
For all other types of personal debt, your creditor must go to court and obtain a judgment against you if they want to garnish your earned wages. Once the creditor has a judgment authorizing them to deduct the debt from your wages, then they can have your paycheck garnished to pay off that debt.
In situations where you have damaged company equipment or caused a monetary shortage at your job, your employer does not have the right to automatically deduct that loss out of your check. However, if you give permission at the time the employer is making the deduction, then they can take the amount out from your wages.
Can You Recover a Withheld Paycheck in North Dakota?
If your employer is withholding your paycheck, you can fight to receive it because your employer cannot legally deprive you of a whole paycheck. Employees involved in a dispute may file a claim with the North Dakota Department of Labor’s Wage and Hour Division if they need help getting a paycheck from their employer.
Also, a wage and hour lawsuit may be filed if there are issues with an incomplete paycheck (for instance, if the employer has withheld part of the employee’s wages they are owed). In such cases, the court will examine evidence such as pay stubs and hour journals to determine whether a violation of North Dakota paycheck laws has occurred.
In most cases, the issue will be with the number of hours worked or with the person’s wage rate (for instance, if they are being paid less than minimum wage). In some cases, other issues such as overtime pay rates or tips can be the source of the violation.
What Else Do I Need to Know About North Dakota’s Paycheck Law?
If you provide your employer with written permission, they can deduct the cost of a uniform out of your paycheck, as long as it does not place your wages for that pay period below North Dakota’s minimum wage rate. However, even if you do not want the money deducted from your paycheck, your employer can still require that you pay for company uniforms out of pocket.
Where Can I Find the Right Lawyer If I Have an Issue with My Paycheck?
Hiring a North Dakota employment lawyer can be necessary when you are having legal issues regarding your paycheck. A lawyer can help you retrieve your rightfully earned wages, and can represent you in a court of law as needed.