Semimonthly payments; exceptions.
1. Except as otherwise provided in this chapter, all wages or compensation of employees in private employment is due semimonthly. All such wages or compensation earned and unpaid before the first day of any month is due not later than 8 a.m. on the 15th day of the month following that in which the wages or compensation was earned. All wages or compensation earned and unpaid before the 16th day of any month is due not later than 8 a.m. on the last day of the same month.
2. Nothing contained in this section prohibits the contracting for the payment of or the payment of wages at more frequent periods than semimonthly.
3. An employer in this State whose principal place of business is located, and whose payroll is prepared, outside of this State may designate one or more days in each month as fixed paydays for the payment of wages to an employee employed in:
(a) A bona fide executive, administrative or professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3;
(b) The capacity of outside salesman, as defined in 29 C.F.R. § 541.5; or
(c) The capacity of a supervisor, as defined in 29 U.S.C. § 152,
Ê as those sections existed on October 1, 1993. The provisions of this subsection do not apply with regard to an employee whose wages are determined pursuant to a collective bargaining agreement.
4. Every agreement made in violation of this section, except as provided in this chapter, is void, but any employee is entitled to payment of such wages or compensation for the period during which the wages or compensation was earned.
Last modified: February 25, 2006