The most essential and anticipated aspect of a job is the payday. The Texas Payday Law outlines procedures all employers must abide by regarding paying their employees and supplies employees a path to retribution should their employer fail to do so. If your employer is withholding your paycheck, don’t despair. We have the best employment lawyer in Austin Texas to assist you.
How does the Texas Payday Law work?
The Texas Payday Law outlines when and how employers must pay wages. The law broadly defines wages to encompass most forms of compensation, including:
- holiday pay
- vacation pay
- parental leave pay
- sick leave pay
- severance pay
In Texas, administrative, executives, and professional employees require payment at least once a month. All other employees must be paid at minimum twice per month.
These two paydays are outlined each month as the first and fifteenth (unless otherwise determined by an employer). If an employer fails to pay an employee on the designated day, the employer must deliver the paycheck by the next business day. An employer violates the law if they fail to remedy the paycheck error by the next business day.
How can an employer deliver pay?
Texas restricts the avenue employers may pay their employees to:
- electronic transfer
- check negotiable on demand
If an employer wishes to use a different delivery method, it must be agreed to by the employee in writing.
In addition to limiting the delivery method of wages, Texas also limits where an employer may pay their employees to:
- at their workplace
- at an agreed time at a secondary location
- registered mail to be received by payday
- an employee can designate another location if agreed upon in writing
Although, an employer may force their employee to utilize direct deposit if they notify all employees at least 60 days in advance of the first direct deposit.
Wage Claims Process
If an employer has unlawfully withheld wages violating the Texas Payday Law, the employee(s) may pursue one of the following remedies:
- sue their employer in court
- seek an administrative remedy offered through the Payday Law
Unlike other states, the Texas Payday Law doesn’t require an employee to exhaust all administrative options before referring to the court.
The Texas Workforce Commission requires that an employee file a claim within 180 days of the missed payday. Then, the Commission will launch an investigation into the claim. Upon concluding the claim investigation, the Commission will issue a preliminary wage determination order. If either party would like to challenge the preliminary order, they must do so in writing within 21 days. If 21 days expires and neither party contests the order, the order becomes final. The employer then has 30 days to pay the determined wages owed and additional penalties to the Commission. The Commission will then distribute the owed wages to the employee.
Seek Representation Immediately
Contending with an employer seems daunting; we’re here to help. We’ve got the best employment lawyer in Austin Texas to represent and fight for your owed wages on your behalf. Give us a call for a free consultation, and we’ll begin strategizing your best path forward.
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