Every state has its own laws that protect the rights of workers to receive wages for hours worked.
In the event the bank cashes the check early, the account holder may be liable for any fees incurred.
Continue Reading Criminal Defense Lawyer reports that the laws governing cashing post-dated checks vary by state.
For payrolls transmitted at least 2 banking days from the check date: As long as you transmit your payroll two banking days prior to the paycheck date, direct deposits are made available to the receiving bank as of a.m. However if the paycheck date falls on a non-banking day, direct deposit paychecks will be posted on the next banking day.
The funds are posted to the employee's account at the discretion of the receiving bank.
In Georgia, account holders are required to inform the bank of a post-dated check prior to the bank receiving it in order to not be held liable for the check being cashed early.
If an account holder gives vocal notice, the notice is valid for 15 days.
However, even if your employer does post date your check, you can often negotiate your check on the day that you receive it.
If notice is given in writing, the notice is valid for six months.
In West Virginia, the law requires that the recipient of a post-dated check not deposit the check before the date or pay any resulting penalties to the account holder, such as overdraft fees.
For backdated payrolls: If you transmit a backated payroll (i.e., the paychecks are dated less than 2 banking days in advance), then the direct deposits will post two banking days after the payroll is transmitted.
The New York Daily News notes that a bank can cash a post-dated check on the date it is received, unless proper notification is given by the account holder.