Can we wait to pay the difference on their next check?

Question: An employee let us know their paycheck was short. Can we wait to pay the difference on their next check?

Answer from Kyle, PHR: Don’t wait. If the employee was underpaid, it is in your best interest to pay the employee the difference immediately. Wages are due on the regular payday for the pay period covered, as required by the Fair Labor Standards Act. State law may apply as well. When an error occurs and results in an underpayment, the employer is technically in violation of the law, even if it was a system error or caused by an employee's timekeeping mistake.

This Q&A does not constitute legal advice and does not address state or local law.

Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

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