Talmud for Shevuot 7:1

כָּל הַנִּשְׁבָּעִין שֶׁבַּתּוֹרָה, נִשְׁבָּעִין וְלֹא מְשַׁלְּמִין. וְאֵלּוּ נִשְׁבָּעִין וְנוֹטְלִין, הַשָּׂכִיר, וְהַנִּגְזָל, וְהַנֶּחְבָּל, וְשֶׁכְּנֶגְדּוֹ חָשׁוּד עַל הַשְּׁבוּעָה, וְהַחֶנְוָנִי עַל פִּנְקָסוֹ. הַשָּׂכִיר כֵּיצַד, אָמַר לוֹ תֶּן לִי שְׂכָרִי שֶׁיֵּשׁ לִי בְיָדֶךָ, הוּא אוֹמֵר נָתַתִּי, וְהַלָּה אוֹמֵר לֹא נָטַלְתִּי, הוּא נִשְׁבָּע וְנוֹטֵל. רַבִּי יְהוּדָה אוֹמֵר, עַד שֶׁתְּהֵא שָׁם מִקְצָת הוֹדָאָה. כֵּיצַד, אָמַר לוֹ תֶּן לִי שְׂכָרִי חֲמִשִּׁים דִּינָר שֶׁיֵּשׁ לִי בְיָדֶךָ, וְהוּא אוֹמֵר הִתְקַבַּלְתָּ דִינַר זָהָב:

All of those who are besworn by Torah mandate swear and do not pay. [The Torah did not mandate that the claimant swear and take, but that the claimee swear and not pay, it being written (Exodus 22:10): "And its master shall take it, and he shall not pay" — He who is being asked to pay takes the oath.] And these swear and take [The sages ordained that they swear and take. They are all explained later in the Mishnah:] a hired laborer, one who has been robbed, one who has been struck, one whose opposite is not trusted to take an oath, and a shopkeeper over his ledger. A hired laborer — how so? [The sages ordained that a hired laborer swear and take; for the employer is busy with his workers and may not remember. This, when he claims within the prescribed time: a day-laborer, all of the night following, and a night-laborer, all of the day following. But if he claimed after his time, the employer takes a shvuath heseth that he paid him and he is exempt. Also, if he did not hire him in the presence of witnesses, the hired laborer does not swear and take. For since he can tell him: "I never hired you," he can also tell him: "I hired you and I paid you."] If he said to him: "Give me the pay that you owe me" — If the other said: "I gave it to you," and he: "I did not receive it," he (the hired laborer) swears and takes it. [But if the laborer said to him: "You stipulated that you would give me two," and the employer: "I stipulated only one," the employer swears a Torah mandated oath that it is as he says, and he gives him only one.] R. Yehudah says: (He does not swear) unless there is partial admission. How so? As when he said: "Give me my pay, fifty dinars, that you owe me," and the other said: "You received a golden dinar (twenty-five silver dinars)." [The halachah is not in accordance with R. Yehudah, neither in the instance of a hired laborer, nor in that of one who has been robbed or beaten.]

Jerusalem Talmud Bava Metzia

MISHNAH: Wages of a human, as well as wages for an animal, as well as wages for implements are subsumed under “you must pay his wages on his day”⁷⁰If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. 24:15). and “one may not withhold a hireling’s wages until the morning”⁶⁹Since he works until sundown, he cannot be paid during the day. If he was not paid by daybreak the next morning, his employer has sinned against the rule that “one may not withhold a hireling’s wages until the morning” (Lev. 19:13).. When? If he claimed it. If he did not claim it, one does not transgress. If one gave him a draft on a storekeeper or a banker, he does not transgress. In his time⁷⁴The time when he has to be paid according to Mishnah 11. the hireling swears and takes⁷⁵The hireling claims that he was not paid; the employer claims that he did pay; neither of them has witnesses. Then the hireling is privileged; the court will allow him to swear that he was not paid and then order his employer to pay.; after his time he does not swear and take⁷⁶The ordinary rules of procedure apply: in the absence of proof the defendant may swear to absolve himself.. But if there are witnesses that he did claim, he swears and takes⁷⁷Even after the 12 hour period when he should have been paid. The unpaid hireling has to protect his claim by asking for his money in front of witnesses..
The resident proselyte⁸⁰He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments. is protected by “you must pay his wages on his day” but not by “one may not withhold a hireling’s wages until the morning”⁸⁵The verse Deut. 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..

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