Minimum payroll frequencies are determined by each state and can be quite confusing. I’m often asked “How often do I have to pay my employees” during a Certified Payroll Training Webinar. State minimum paycheck frequencies are shown below – this information comes directly from the U.S. Department of Labor’s website.
It’s difficult to thoroughly cover the requirements of all 50 states in a 2 hour webinar, but it has crossed my mind that a series of blog posts on the differences between what State Laws are for how often payroll must be generated and how that can effect the generation of a certified payroll report would be a good thing to do. While I could have simply started this series and talked about the complexities of generating certified payroll reports when issuing employee payroll on anything other than a weekly basis – I first wanted to display the requirements by state, rather than just put off a link to the U.S. Department of Labor website.
Under the Federal Davis-Bacon and related Acts; contractors and subcontractors performing work on Federal or Federally-aided construction-type contracts are required to submit weekly payrolls. The Copeland Act provides further/clearer requirements; indicating that contractors and subcontractors performing work on Federally financed or assisted construction contracts “furnish weekly a statement with respect to the wages paid to each employee during the preceding week”.
Obviously, contractors and subcontractors who issue their payroll on a weekly basis find the necessary information easier to obtain; therefore, making compliance simpler to obtain.
State |
Weekly |
Bi-Weekly |
Semi-Monthly |
Monthly |
| Alaska | X | X | ||
| Arizona | X 3 | |||
| Arkansas | X | |||
| California | X 9 | X 9 | X | |
| Colorado | X | |||
| Connecticut | X 4 | |||
| Delaware | X | |||
| District of Columbia | X | |||
| Georgia | X | |||
| Hawaii | X | X 5 | ||
| Idaho | X | |||
| Illinois | X | X 2 | ||
| Indiana | X | |||
| Iowa | X | X 6 | X | X |
| Kansas | X | |||
| Kentucky | X | |||
| Louisiana | X | X 7 | ||
| Maine | X 8 | |||
| Maryland | X | |||
| Massachusetts | X | X | ||
| Michigan 9 | X | X | X | |
| Minnesota | X 10 | |||
| Mississippi | X 11 | X 11 | ||
| Missouri | X | |||
| Montana 12 | ||||
| Nebraska 13 | ||||
| Nevada | X | X 2 | ||
| New Hampshire | X | |||
| New Jersey | X | |||
| New Mexico | X | X 2 | ||
| New York | X 14 | X 14 | ||
| North Carolina 15 | ||||
| North Dakota | X | |||
| Ohio | X | |||
| Oklahoma | X | |||
| Oregon | X | |||
| Pennsylvania 13 | ||||
| Rhode Island | X 16 | |||
| South Dakota | X | |||
| Tennessee | X | |||
| Texas | X | X 17 | ||
| Utah | X 18 | |||
| Vermont | X | X 19 | X 19 | |
| Virginia | X 20 | X 20 | X 2 | |
| Washington | X | |||
| West Virginia | X | |||
| Wisconsin | X | |||
| Wyoming | X |
- Alabama and South Carolina – No regulations or not specified.
- Illinois, Nevada, New Mexico and Virginia – Monthly payday requirements for Executive, Administrative, and Professional personnel.
- Arizona – Payday two or more days in a month, not more than 16 days apart.
- Connecticut – Longer interval (up to monthly) permitted if approved by Labor Commissioner.
- Hawaii – Employees may choose to be paid on a monthly basis under special election procedure. Director of Labor and Industrial Relations also may grant exceptions to the general semi-monthly payday requirement. Payday requirement applies only to private sector employment.
- Iowa – Any predictable and reliable pay schedule is permitted as long as employees get paid at least monthly and no later than 12 days {excluding Sundays and legal holidays} from the end of the period when the wages were earned. This can be waived by written agreement; employees on commission have different requirements.
- Louisiana – Applicable to entities engaged in manufacturing, mining, or boring for oil, employing 10 or more employees, and to every public service corporation. Payment is required once every two weeks or twice during each calendar month.
- Maine – Payment due at regular intervals not to exceed 16 days.
- California and Michigan – Frequency of payday depends on the occupation.
- Minnesota – Employees engaged in transitory employment, i.e. migrant workers, which require and employee to change the employee’s pace of abode, because the employment is terminated wither by the completion of the work or by the discharge or quitting of the employee must be paid within 24 hours.
- Mississippi – Applicable to every entity engaged in manufacturing of any kind in the State, employing 50 or more employees and employing public labor, and to every public service corporation doing business in the State. Payment is required once every two weeks or twice during each calendar month.
- Montana – Wages must be paid within 10 business days after the wages are due and payable.
- Nebraska and Pennsylvania – Payday designated by employer.
- New York – Weekly payday for manual workers. Semi-monthly payday upon approval for manual workers and for clerical and other workers.
- North Carolina – None specified, pay periods may be daily, weekly, bi-weekly, semi-monthly or monthly.
- Rhode Island – Childcare providers shall have the option to be paid every two weeks.
- Texas – Monthly payday for employees exempt from overtime provisions of the Fair Labor Standards Act.
- Utah – Payments are to be paid at regular intervals but in periods no longer than semi-monthly.
- Vermont – Employers may implement bi-weekly and semi-monthly payday with written notice
- Virginia – Employees whose weekly wages total more than 150% of the average weekly wage of the Commonwealth may be paid monthly, upon agreement of each affected employee.
NOTE: South Carolina – Employers with 5 or more employees are required to give written notice at the time of hiring to all employees advising them of their wages agreed upon, and the time and place of payment along with their expected hours of work. The employer must pay on the normal time and at the place of payment established by the employer.
Stay tuned over the next week to find out some of the problems that can occur when a company follows various state payroll requirements {bi-weekly, semi-monthly, and monthly paychecks} and how the pay frequencies affect the submission of their certified payroll reports.
Payroll and holiday pay can be confusing and overwhelming and here we are right at the height of the upcoming holiday season! I found these great tips from HR Matters and wanted to share them with you. These tips provide answers to common questions such as: Do you have to provide paid holidays? What about for new employees? Do you have to pay overtime to employees who have to work on a holiday?
We’re officially heading into the holiday season with Thanksgiving coming up next week and Christmas and the New Year just around the corner. If you are like most employers, you may be dealing with holiday pay issues. To help you out, the HR Matters E-Tips Editors have put together the top seven holiday questions that they answer on a regular basis. (You also can find the answers to these and many more holiday questions in the HR Matters Tools and Resource Center online, Policy Manual, Holidays, Chapter 503.)
1. Do we have to provide paid holidays?
Absent a collective bargaining agreement or other contract providing paid holidays, federal law does not require you to pay nonexempt employees for holidays that they do not work. Most organizations offer a limited number of paid holidays to create employee goodwill. According to the Society for Human Resource Management 2011 Benefits Survey, 97% of responding employers provide paid holidays to their employees.
Note, however, that if you do not provide paid days off for holidays, you should pay exempt employees for any holidays that your organization is closed. (As a reminder, the Department of Labor (DOL) regulations implementing the Fair Labor Standards Act (FLSA) provide that the following categories of employees are exempt from the overtime and minimum wage requirements of the FLSA: (1) bona fide administrative, executive, or professional employees; (2) workers employed in outside sales; (3) highly skilled computer-related employees; and (4) certain “highly-compensated” employees.)
Although the DOL regulations implementing the FLSA do not specifically address unpaid holidays, they do provide that an employee will not be considered paid “on a salary basis” if deductions are made “for absences occasioned by the employer or by the operating requirements of the business.” Unpaid holidays generally are considered the type of absence “occasioned by the employer.” According to a DOL Wage & Hour Opinion Letter dated 5/27/99, the DOL indicated that an employee will not be considered to be paid on a salary basis if deductions from the employee’s predetermined compensation are made for absences occasioned by the employer, such as being closed on certain holidays, or the operating requirements of the business. Further, the regulations recognize only a limited number of instances when an employer may make deductions (or “dock”) for absences of a full day or more without jeopardizing the exemption and thus incurring overtime liability. But, holidays do not fall under any of those exceptions.
2. Can we require employees to complete an introductory period before becoming eligible for holiday pay?
You most likely can exclude new nonexempt employees from holiday pay. If there is no collective bargaining agreement or other contract specifying that new employees are eligible for holiday pay, then it is up to your organization’s policy. Many employers exclude new employees from certain benefits granted to longer-term employees until completion of the introductory period.
However, new exempt employees should not be covered by this policy and should receive pay for holidays. As explained in # 1, above, if you do not pay exempt employees, new or old, for holidays they do not work, you may jeopardize their exempt status.
3. Can we require employees to work on holidays?
Since paid holidays are a discretionary benefit, you may require employees to work holidays according to the operating needs of the organization (and assuming no collective bargaining agreement or other contract prohibits this work). We recommend that employers’ holiday policies should include language that indicates employees may be required to work on holidays. For example, our HR Matters Tools and Resource Center, Policy Manual, includes the following provision in the model Holiday policy in Chapter 503: “The Company may schedule work on an observed holiday as it considers necessary. Normally, work on an observed holiday will be paid as if the day were a regularly scheduled work day. Employees will be given the option of receiving additional pay for the day or a “floating” holiday that may be taken, with the prior approval of their supervisor, at another time during the year.”
Note that you generally are not required to pay nonexempt employees for time and one-half for holiday work unless the employee has already worked 40 hours in the week (see # 4, below) or to provide a paid floating holiday at a later point. However, the model policy provides these extra benefits in recognition of the extra burden for employees who work on holidays.
4. Do we owe nonexempt employees overtime if they work on holidays?
The FLSA requires you to pay overtime to nonexempt employees at time and one-half their regular rate of pay for all hours actually worked over 40 in a single workweek. Accordingly, you will owe nonexempt employees who work on holidays overtime only if the employees end up working more than 40 hours because they are working on the holiday.
So, for example, if an employee has worked four 10-hour days (40 hours) and then works on a designated holiday that same week, then the employee should receive overtime for all of the holiday work hours. But, if the employee works four 8-hour days (32 hours) and then works an additional eight hours on the holiday, for a total of 40 hours worked in the week, then that employee is not entitled to overtime for the holiday work hours. (Note, however, that a limited number of states, such as Rhode Island, require payment of at least time and one-half for employees who work on certain holidays, so be sure to check state law, too.)
As an aside, if you voluntarily pay a premium of time and one-half (the equivalent of overtime) for work on a holiday, the FLSA regulations generally allow you to credit this extra compensation towards any overtime that might actually be earned in the same week.
5. If an employee works 40 hours in a week and then takes a paid holiday, do we owe the employee overtime?
No. As discussed in # 4, above, nonexempt employees must be paid overtime only for all hours actually worked over 40 in a single workweek. Thus, in calculating actual working hours for a nonexempt employee, you do not have to count any paid time off in the overtime calculation if the employee did not perform any work during the time off.
So, even if a nonexempt employee works a full 40-hour workweek and also takes a day of paid holiday and is paid for 48 hours that week, the employee is not entitled to overtime pay since he did not actually work more than 40 hours in the workweek.
6. What if an employee is on FMLA leave when a holiday occurs? Should they receive holiday pay?
The answer depends on your policy. You generally do not have to pay an employee for holidays that occur while the employee is out on unpaid FMLA leave if it is not the employer’s policy to provide this benefit during other types of unpaid leave. Similarly, if an employee’s work schedule is reduced for intermittent FMLA leave, you may reduce proportionately the employee’s benefits, such as holiday pay, if the employer’s normal practice is to base this benefit on the number of hours an employee works. However, you may not eliminate the full-time employee’s benefits because the employee is working a part-time schedule if part-time employees normally are not eligible for these benefits.
7. How do we pay nonexempt employees who work a compressed workweek, working four days a week, ten hours a day? Should these employees receive holiday pay if the holiday falls on a day that they are not scheduled to work?
Whether the nonexempt employees working compressed workweeks qualify for holiday pay depends on the terms of your holiday policy and how it has been implemented. Employers using compressed schedules (such as employees working four days/ten hours a day) generally take three basic approaches to eligibility for holiday pay.
(Download free Holidays model policy including best HR practices and legal background. Will require that you create a free account.)
Some employers pay only for holidays occurring on the employee’s regularly scheduled work day. Another more common approach is to allow compressed workweek employees to take off a day on which they would otherwise be scheduled to work. For example, if the employees normally work four days, they work only three days during weeks with holidays. Still other employers prefer to have compressed workweek employees on the job at least four days a week and pay for the holiday even if the employee is not scheduled otherwise to work that day, giving the employees an extra day of pay. This last practice, however, may lower the morale of employees who work a regular schedule and thus receive less pay for the holiday week.
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We hope you’ve found these answers to 7 holiday pay questions to be helpful; if so please take a moment to leave a comment or share this with others on your favorite social networking sites.
Common everyday business practices result in unpaid “work” hours that 70% of employers have no idea are unlawful, but do in fact, violate the Fair Labor Standards Act (FLSA).
Below are 5 example of what is considered to be a violation of the Fair Labor Standards Act:
Punching in early (or punching out late) – for example an employee punches in 15 minutes before starting time.
If you are audited, you would have to prove that employee who punched in early was not working. The Department of Labor assumes that an employee who has punched in is working.
Downtime – for example an employee’s normal workday starts at 9, but they have a long drive and have to drop children off in two different places, so they end up getting into work at 7:30, has breakfast at their desk and reads the newspaper.
If the phone rings and the employee answers the phone; or if they suddenly remember “something” that they must attend to and pull a file so they don’t forget; the Department of Labor considers them to be working and must be paid for the hour or portion of an hour when they were on the phone or pulling the file.
Chatting during breaks – an employee gets in a half an hour early to have a cup of coffee and chat with coworkers.
If, while chatting with co-workers, any business matter that happens to creep into the conversation is considered paid work time and all of the employees involved in that conversation must be paid for that time.
Checking emails from home – before leaving for work, an employee who lives over an hour away, checks a Blackberry or other electronic device for business email.
The Department of Labor considers this unpaid work time.
Supervisors “pitching in” to help – perhaps a Customer Service Supervisor (an exempt employee) puts on the headphones and takes orders for a few hours OR a Maintenance Supervisor sometimes does cleanup himself to make sure the work gets done.
If your company is audited, the Department of Labor may decide that answering the phone is hourly work and can reclassify the Customer Service Supervisor an a nonexempt hourly employee. Once they do this, if they find that the Customer Service Supervisor worked more that 40 hours in a week (and many do); you could be hit with overtime backpay, penalties, and interest —- possibly for several years.
The same goes for the Maintenance Supervisor, because they are a “manager” and, therefore exempt, should be supervising the work done by others rather than doing the work themselves.
Employees who are exempt because they do managerial work (regardless if their title is “manager” or “supervisor” should be supervising and not doing the work for the people under them.
Wondering why this is such a big deal?
There is a major Department of Labor push on wage-hour enforcement, and according to Secretary of Labor Hilda Solis, “The U. S. Department of Labor is back in the enforcement business.” There will be a huge jump in wage-hour audits, and 350 investigators are being added – an increase of more than one-third.
For additional information about the Fair Labor Standards Act, visit their website.
Employee record keeping requirements must include proper time and payroll records for it’s workers. The Fair Labor Standards Act, as well as most state wage and hour laws, are the ones who determine what is or is not “proper”.
In January, the USDOL (United States Department of Labor) announced that it had recovered $1 million in unpaid overtime from federal defense contracts in California. This recovered money was based, in part, on the DOL’s findings that the contractors had violated the record keeping requirements, which are part of the Fair Labor Standards Act (FLSA). Specifically, the DOL found that the contractors in question had failed to maintain proper time and payroll records for it’s workers. Read the entire article by clicking here.
The Fair Labor Standards Act sets minimum wage, overtime, record keeping, and youth employment standards. Unless exempt, covered employees must be paid at least the current minimum wage and not less than one and one-half times their regular rate for overtime hours worked.
Employers are also required to display an official poster outlining the provisions of the Fair Labor Standards Act. Posters are available free of charge from the DOL website at http://www.dol.gov/oasam/programs/osdbu/sbrefa/poster/matrix.htm
Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the .wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain:
- Employee’s full name and social security number.
- Address, including zip code.
- Birth date, if younger than 19.
- Sex and occupation.
- Time and day of week when employee’s workweek begins.
- Hours worked each day.
- Total hours worked each workweek.
- Basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”)
- Regular hourly pay rate.
- Total daily or weekly straight-time earnings.
- Total overtime earnings for the workweek.
- All additions to or deductions from the employee’s wages.
- Total wages paid each pay period.
- Date of payment and the pay period covered by the payment.
The U. S. Department of Labor indicates that an employer must keep payroll records and collective bargaining agreements for a period of three (3) years. Additionally, records on which wage computations are based, time cards, wage rate tables, records of additions to or deductions from wages, and work and time schedules need to be retained for two (2) years. These records must be available for inspection by a DOL Auditor, who may the employer provide extensions, computations, or transcripts of the records.
Employers may use any timekeeping method that they choose, as long as those records are complete and accurate; acceptable methods include the use of a time clock, appoint a single employee to be a “timekeeper” and record the hours worked by all other employees, or tell their the employees that they are responsible for documenting the hours that they work.
For employees who work a fixed schedule that seldom varies, the employer may keep a record showing the exact hours worked on a daily and weekly hours and indicate that the specific worker did follow the schedule as shown. If, however, the employee works a shorter or longer period that the schedule shows, these hours must be documented as an exception.
From my own past experiences, a contractor who performs work on Federal or State funded construction project subject to prevailing wage/Davis Bacon laws should keep records for 3 years after the project is complete.
Yet another massive winter storm is threatening snow and freezing rain from Colorado to the East Coast this week. Do you know what your obligations are to employees who cannot get to work on these bad weather days?
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Q: We are expecting more snow and ice this week and anticipate that employees may have a difficult time getting to work. Several of our employees have already used up their paid days because of bad weather this winter. How should we deal with these absences?
A: If you have operations in areas that experience severe weather, such as winter storms, flooding, or hurricanes, you should include provisions in your policies for weather-related absences. Most employers discuss weather-related absences in their attendance policies. Any policy dealing with attendance during periods of inclement weather should give employees an incentive to get to work and should distinguish between nonexempt and exempt employees.
Nonexempt employees (those employees who are covered by, and not exempt from, the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA)) generally only have to be paid for time actually worked. Accordingly, many employers do not pay nonexempt employees for weather-related absences, although the absence usually is excused. Some allow nonexempt employees to use accrued paid vacation or personal days so that they do not lose compensation. In exceptional situations, some employers pay all nonexempt employees for the day but recognize the efforts of those who worked by providing them with an extra floating personal day.
Some employers allow nonexempt employees to make up the missed time. However, if the employees make up the time in a week in which they also work 40 hours, you will owe them overtime for the additional hours worked over 40. For this reason, most of these employers do not allow the make-up time unless it is scheduled within the same workweek as the time missed. But, even this approach is likely to cause scheduling headaches.
Exempt employees should be handled differently. They are exempt from the FLSA’s minimum wage and overtime requirements because of the nature of their job duties and the fact that they are paid on a salary basis. The most common exempt classifications include executive, administrative, and professional employees.
Under the “salary basis” definition, exempt employees generally must receive their full salary for any week in which they perform work, without regard to the number of days or hours worked. Deductions may be made for less than a full week only in limited circumstances, such as for full-day absences for personal reasons or under a bona fide sick policy. However, deductions for less than full days are not allowed under any circumstances.
Deductions for absences of a day or more because of bad weather are not specifically allowed for exempt employees by the FLSA regulations. However, two Department of Labor (DOL) opinion letters indicate that you can require exempt employees to use paid leave when they are absent because of weather related conditions. In addition, the DOL opinions indicate that it may even be okay to make deductions from exempt employee pay for full-day weather-related absences in certain circumstances.
In the letters addressing snow day absences, the DOL indicated that if an employer is open for business and an exempt employee does not come to work that day, the employer may require the employee to use a paid vacation day or dock the employee for a full-day absence. According to the agency administrator, when a vacation day is used, the employee still receives the same guaranteed salary for the week, so the salary basis is maintained.
To make the case for docking an exempt employee’s pay, the agency reasoned that any absence caused by inclement weather is considered an absence for personal reasons if the employer’s business is open. The employee in effect chooses to stay home instead of reporting to work when the business is open.
If your organization is closed for the day, the opinion letters indicate that you cannot make deductions for full day absences from exempt employee pay because the FLSA regulations specifically do not allow deductions for absences occasioned by the employer or the operating requirements of the business. Under the regulations, no deductions are allowed when work is not available. However you can require that exempt employees use their paid time off (PTO) since they then would receive their entire salary. But, if you do not have any accrued PTO time, you still cannot make a deduction from their pay.
Distributed by Sunburst Software Solutions, Inc. with permission from:
HR Matters E-Tips, copyright Personnel Policy Service, Inc., Louisville, KY, all rights reserved, the HR Policy and Employment Law Compliance Experts for over 30 years, 1-800-437-3735. Personnel Policy Service markets group legal service benefits and publishes HR information products, including the free weekly electronic newsletter, HR Matters E-Tips (www.ppspublishers.com/hrmetips.htm). This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.
