You Worked Hard…Don’t You Deserve to Be Paid? The Law Says, Yes!

Galvin B. Kennedy
Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.
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When you put time and energy into a job you need to know that your handwork will be rewarded—no one wants to work for free. Some days the thought of your paycheck may be the only thing that gets you through the day. However, what if that paycheck never comes? Bills start to pile up, rent goes overdue, car payments are late, and still no check.

In order to protect workers nationwide, the Fair Labor Standards Act (FLSA) regulates employer treatment and protects Payday Circled on the Calendar in Red Markerworkers’ rights. Now, although the FLSA provides federal laws requiring payments for minimum wage and overtime, it doesn’t address specific wages or when wages are due. For Texans, this is where the Texas Payday Law (TPL) comes into play.

The TPL requires employers to pay their employees on regularly-scheduled paydays in full and on time. The law specifically deals with the timing and manner in which payments are made, as well as monitoring for illegal wage deductions. Essentially, this law prohibits employers from withholding wages (normal and overtime) or unnecessarily delaying payments. However, in order for the Texas Workforce Commission to fully investigate payday irregularities, it needs to take certain wage calculations and agreements into account on a case by case basis.

TPL Calculations and Regulations

The main purpose of the TPL is to regulate employers in order to ensure the timely payment of due wages. In order to determine the payable rates and pay day time frames, the law looks at multiple factors that go into individualized compensation agreements. These factors include:

  • Rate of pay – Pay delays may be considered to be reasonable depending on your rates. If your pay fluctuates calculations and verification can understandably take longer.
  • Method and frequency of pay – Some jobs pay weekly while others may pay lump sums on a quarterly basis, which can drastically change pay dates by no fault of the employer. Additionally, if one employee has direct deposit while another receives checks in the mail, the latter will receive his wages later than the direct deposit recipient.
  • Written and unwritten agreements concerning wages – If you signed an agreement allowing your employer a leeway period for pay times, then you may have to wait an extended period before you can file a delayed payment claim.
  • State and federal laws regarding wages and hours – Different states have different laws regarding methods on how to calculate and pay workers. In addition, wage agreements must sometimes be analyzed in terms of their status as contracts.

Considering the number of confusing and somewhat vague regulations associated with this law, it’s a good idea to have an experienced lawyer help explain your case to you. A thorough understanding of both federal and state laws, as well as general contract law, I can be a huge asset when pursuing a delayed payment case as well as when you want to avoid problems under the TPL.

Playing Devil’s Advocate

From an employer’s perspective, do you think the Texas Payday Law is reasonable? Should you be confined to pay your employees on a strict schedule? Is it fair that employees can sue you if you’re a little late? Are the restrictions and regulations too severe?

Share your thoughts and opinions about salary and overtime pay time regulations in the comment section provided. By sharing your thoughts you can help others like yourself get the support, information, and courage they need to protect their rights.

Need more information about your salary and overtime rights? Please feel free to request our free guide, Protect Your Paycheck and Obtain the Money You've Earned! You can also contact us directly at (888) 449-2068, or follow us on Facebook and Google+.

 

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