Laws regarding backdating checks


08-Nov-2017 10:30

The employer must provide the terminated employee the written notice within five (5) days of the termination.

State payday laws determine how frequently an employee must be paid, but not all states have such requirements.

For example, all states (with the exception of Alabama and South Carolina) mandate weekly, biweekly, semimonthly, or monthly payments.

Additionally, most states require employers to provide notice of payday requirements to their employees.

Although there is extensive case law on the subject of what constitutes an employer-employee relationship, the issue is not always clear and determinations on similar facts and circumstances may differ among the various bodies which are called upon to make such determinations.

The extent of supervision and control exercised over the service provider, whether or not the service provider is engaged in a business of his own, whether or not he may simultaneously provide services for other clients and other factors are among those which will be examined to determine whether or not an employment relationship exists.

Employers must retain the signed and dated notice and acknowledgment for six (6) years. 6, 195.1 The New York Department of Labor has created templates in English and other languages employers may use to fulfill their notice requirements.

See NY DOL Employment Laws/Labor Standards Forms According to the DOL, if it has not provided a template for the primary language of an employee, the employer is only required to provide the employee the notice in English.

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The employer must provide the terminated employee the written notice within five (5) days of the termination. 6, 195.1 A valid collective bargaining agreement may serve as an employee’s written authorization for deductions. 6, 193(1)(b) An employer must notify an employee as soon as practicable before any substantial changes to the deductions from an employee’s wages are made. 6, 193(1)(b) The employee’s written consent to any deduction must be kept on file on the employer’s premises for the duration of the employee’s employment and for six years after the employee’s employment ends. 6, 193(1)(b) An employee may revoke his or her written authorization for any deduction at any time and the employer must stop the deduction after such revocation as soon as possible and, in no case, no more than four pay periods or eight weeks after the employee has revoke the deduction, whichever is sooner.Unless an employer-employee relationship exists between the person claiming payment for services rendered and the person from whom payment is claimed, the provisions of the labor law do not apply.Independent contractors are not protected by the labor law and are not entitled to state enforcement of their claims for payment.In no case shall notice of such termination be provided more than five working days after the date of such termination. 6, 195 New York does not have a law specifically addressing the payment of wages to an employee who quits, however, to ensure compliance with known laws, an employer should pay employee all wages due no later than the regular pay day for the pay period during which the separation from employment occurred.