Missed paydays were quickly corrected, but it didn’t matter

The timely pay requirement of the Fair Labor Standards Act (FLSA) are clear: Workers must receive their pay as scheduled or else employers are liable–even if delays are due to factors beyond the employer’s control.

A district court confirmed this in Fleming vs. Elliot Security Solutions LLC. Here, employees sued for several wage law violations–including claims that they received two late paychecks.

Paying workers on time

The employer didn’t deny that the workers’ checks were delayed. However, it blamed issues with the direct deposit system it used.

Plus, it said that the mistake was corrected quickly, and workers didn’t suffer any losses, so they shouldn’t be liable for damages under the FLSA.

The problems with the direct deposit system didn’t absolve the employer of the obligation to timely pay.

Late payments are clearly forbidden by the FLSA, and each late payment counts as a separate violation. So it’s important to be proactive and plan for common situations that may cause paycheck delays.

Whether it’s a natural disaster or a holiday falling on a payday, having an approach ready before the issue even arises is key to getting it under control ASAP with minimal impact on pay.

Cite: Fleming v. Elliot Security Solutions LLC, No. 19-2348, U.S. D.C., E.D. Louisiana, 11/9/20.