In my continuing series of posts this summer on recurring issues in employment law, this week I’ll address the payment of wages and the question: Can I pay my employees on a bi-weekly basis?
The answer to that question is “no” — at least not without a waiver from the Connecticut Department of Labor.
Connecticut law requires that all employees be paid on a weekly basis. But the law also allows the CTDOL to grant waivers upon requests by employers.
Bi-weekly payment of wages waivers are fairly routine and routinely granted. They are so routine that the DOL has created an online form. Typically (though not always), the DOL does not look to see whether the employer was actually engaged in this practice beforehand and is satisfied with the employer’s newfound compliance.
For semi-monthly and monthly payment of wages, the DOL has granted waivers on a much more limited basis. The employer in those cases must typically show some extraordinary need. Otherwise, the request will be denied, more often than not.
If you haven’t been complying with this law, seek legal counsel to discuss the legal issues in play and understand the consequences of non-compliance.