Can my employer hold my first check of every year paying it in december?

I work for an Oregon employer who pays every Friday. When I started working for them they held my first paycheck like is usual. I started working for them January of 2016 and did not receive that "waiting week" check until Dec of 2016. Then they laid everyone off for three weeks (Dec 18, 2016 - Jan 9, 2017). Upon returning to work after the layoff, they held my first paycheck of the year again. Are Oregon employers allowed to hold your first check of each year for 12 months? My guess is they are investing all the money they retain from everyone's paycheck for those 12 months. They then pay us the money owed from January and keep the interest gained. Would this be a legal practice?

1 answer  |  asked Jan 15, 2017 2:34 PM [EST]  |  applies to Oregon

Answers (1)

Craig A. Crispin
It is highly unlikely an employer can "hold" a paycheck for a year under any circumstances. Sometimes the employer may have a pay period that ends a week or so before payday, thus making it appear as if the check might be "held." In that circumstance, the paycheck is actually just delayed until the normal next payday. If the employer in fact has withheld pay for longer than the next appropriate payday, it may be in violation of the law and subject to penalties.

posted by Craig A. Crispin  |  Jan 16, 2017 2:48 PM [EST]

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