Unpaid Wages and Commissions
The law regarding unpaid wages and commissions varies from state to state. State laws often regulate:
- How frequently you must be paid (e.g. every two weeks, twice per month);
- How soon after your payday you must be paid (e.g. within three days of your payday);
- What deductions are allowed;
- How to treat unused sick time or vacation time;
- How soon you must be paid following termination or resignation;
- How to enforce your rights (e.g. state agency or private law suit).
The Fair Labor Standards Act (FLSA), a federal law, requires that salaried workers be paid once per month, while hourly workers must be paid twice per month.
When an employer fails to pay you for work performed, the employer may be violating a host of other laws as well. This could create claims for breach of contract, fraud, failure to pay minimum wage, and other violations.
Some state laws only provide a short amount of time to take action about unpaid wages, so you should consult an attorney immediately.