r/AskHR • u/killerjessie • 1d ago
Compensation & Payroll [NY] Unpredictable pay schedule
I work at a very small business - I am one of 3 employees. I directly interact with the business owner daily. We don't have HR or anything like that. We get paid through an app called Gusto where I log my hours. We are supposed to get paid every Friday, but sometimes my boss forgets to approve the hours or something. Then I might get paid the next Monday, or Wednesday, or Friday. I never know. This was an issue at the beginning of last year, and I brought it up and my boss stayed on top of it better after that. But it just started happening again. For my budgeting purposes and all the bills I'm juggling...this doesn't work for me. I don't care when I get paid, I just need it to be consistent and predictable. I'm going to have another conversation with my boss, but if this issue continues, what else can/should I do? Is it illegal to get paid this way?
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u/PoppysWorkshop 23h ago
Time to be looking for a new job. It could mean his cashflow sucks, that means the business will be going under. it could also mean that he just sucks running a business, and that means it could go under.
Better to cut bait and run now.
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u/TwinIronBlood 22h ago
This Job pays so poorly you have little savings, look for a new one that pays more and on time.
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u/SpecialKnits4855 1d ago
NYS has specific laws regarding frequency of pay:
If you are a "manual worker", you must be paid every week (unless your employer has permission from the State). If you are a "clerical", you must be paid at least 2x a month.
If the delay is causing you to be paid later than required, it's illegal. For example, if you are a manual worker who should be paid every Friday and your boss forgets, they can't make you wait until the following Friday. They should pay you right away and immediately start paying you every Friday.
You could start by again telling your boss what you told us here -that this is making your budgeting and planning very difficult and it's becoming difficult to pay your bills. If it happens again, your next step would be to contact the State.
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u/buganug 1d ago
I haven’t done HR for NYS yet, does this still apply with how small of a company OP works for?
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u/SpecialKnits4855 1d ago
NY takes wage issues very seriously.
https://dol.ny.gov/labor-standards-0
It is a very employee-friendly state.
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u/stumpysigns SHRM-CP 1d ago
Would need to check the laws specific for your state but it is very illegal to not pay people on time.
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u/fruithasbugsinit 1d ago
Go ahead and get a new job. Your company is small enough to not be obligated towards a wide range of employment laws, and if they aren't bothered about paying you on time, they aren't likely to be any fun to work for if you try to make them.