Is Surepay an acceptable method of payment under the Code or does a check have to be issued and handed to the employee? Can an employee waive the check process if he or she prefers to receive final payment through direct deposit?

It does not appear that the use of Surepay will satisfy the Code. Section 213(d) provides: “If an employer discharges an employee or the employee quits [a] voluntary authorization for deposit shall be deemed terminated” and the employee must be paid according to “this article relating to the payment of wages.” A discharged employee must be paid immediately, which contemplates in person. A "quit" [voluntary resignation] employee who does not give 72-hour notice may
receive payment by mail if the employee so requests. The language regarding Surepay is mandatory. Furthermore, Section 219 states: "[N]o provision of this article can in any way be contravened or set aside by a private agreement, whether written, oral or implied." Thus, even if an employee wanted to receive his or her pay via Surepay, the University can not use this method of payment. Separating employees should be provided with notice that they will receive their final pay by check.

faqs tags: 

Unit or Topic: