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Paper check delivery date Texas

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  • Paper check delivery date Texas

    The company I work for has no provision to ensure payment to those receiving paper checks via mail to be delivered by the same date others with direct deposit get funds deposited. Is this legal?

  • #2
    A short answer is probably legal. The employer has no control over how long it takes for the check to be delivered. Or way of telling when the delivery occurred. In states that actually address such things (many states do not), the rule is generally that the check must be post marked by pay day. Worse, most states do not actual care very much if the payment is made late. In many states that do charge a penalty for late payments, the penalty is paid to the state, not the employee, which does not particularly encourage employees to file complaints. Past that, it is generally not inherently illegal to pay direct deposit faster then checks as long as the state's actual pay day rules are not violated. People who choose to be paid by checks are as far as I know not a legally protected group of people in any state.

    Your state is not my state. Possibly TX has different rules. Perhaps another responder would know this.

    CA (my state) is generally considered to have much tougher rules then TX, and what you describe would be perfectly legal in CA as long as checks were mailed by pay day (and the pay day itself was legal under state law - different issue).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Texas does have some pretty extensive laws regarding delivery of pay.

      Sec. 61.017. DELIVERY OF PAYMENT. (a) An employer shall pay wages through a means authorized by this section.

      (b) An employer may pay wages by:

      (1) delivering them to the employee at the employee's regular place of employment during regular employment hours;

      (2) delivering them to the employee at a time and place agreed on by the employer and employee;

      (3) sending them to the employee by registered mail, to be received by the employee not later than payday;

      (4) delivering them in a manner similar to a manner specified by Subdivision (1), (2), or (3) to a person designated by the employee in writing; or

      (5) delivering them to the employee by any reasonable means authorized by the employee in writing.

      (c) An employer may elect to pay wages to an employee who maintains at a financial institution an account that qualifies for electronic funds transfer through a direct deposit plan that uses electronic funds transfer to deposit the wages in the employee's account. An employer who desires to pay wages through a direct deposit plan shall:

      (1) notify each affected employee in writing, at least 60 days before the date on which the direct deposit payroll system is scheduled to begin, that the employer is adopting a direct deposit payroll system; and

      (2) obtain from the employee any information required by the financial institution in which the employee maintains the account that is necessary to implement the electronic funds transfer.



      Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 316, Sec. 1, eff. June 18, 2003.


      http://www.statutes.legis.state.tx.u.../htm/LA.61.htm

      The employer doesn't offer direct deposit?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Direct deposit is offered. I do not want direct deposit and feel the company is making choices which strongly encourage, if not force, people to select direct deposit. For example, our last paycheck funds were made available to those with direct deposit on 12/31. I have yet to receive my check. It may come Monday 1/4, it may not. No other company in my 22 year work history has handled paper paychecks in this manner.

        It's a matter of financial and identity security for me. I want control of my security rather than rely on the company I work for to provide it. Handing over my bank account number to or allowing the company I work for to have access to my bank account (if they can put funds in they can take them out) simply isn't something I want to do. I've seen this system abused in the past.

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        • #5
          If the payday rules are not followed, you can file a complaint with the TWC. However; by the time someone handles the complaint, you will probably have received your check.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            It's the reoccurring problem I want to stop. I have not received a paycheck on the 1st or 15th in months.

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            • #7
              I would go ahead & file a complaint then with the TWC.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                It's actually not all that unusual, and the employer very well may be using the mailing of checks to encourage direct deposit. I don't know why people are so averse to direct deposit. You do know they could force direct deposit on you, right?
                Last edited by Pattymd; 01-02-2010, 06:09 PM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Yes, they could "force" DD on you.

                  Texas law re direct deposit: Employers may use direct deposit for employees who maintain accounts at a financial institution. Employers who desire to pay through direct deposit must (1) notify each affected employee in writing at least 60 days before the date on which the direct deposit system is scheduled to begin and (2) obtain from employees any information required by the financial institutions in which the employees maintain accounts.

                  To use a debit card - this has to be approved by the employee in writing.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                  • #10
                    When's payday?

                    Originally posted by 63Banshee View Post
                    The company I work for has no provision to ensure payment to those receiving paper checks via mail to be delivered by the same date others with direct deposit get funds deposited. Is this legal?
                    The employer isn't responsible for making sure all employees get paid on the same date. The obligation under Section 61 of Texas Labor Code is to ensure that pay is delivered (by one of the acceptable methods) by payday. Payday is to be posted.

                    If the employer pays direct deposit accounts earlier than others, as an inducement to sign up for direct deposit, or because it's convenient to do so, they are free to do that. It may be germane that you haven't been paid by the 1st and 15th, and it may not. The dispositive factor is when is payday supposed to be?

                    If you aren't being paid by the posted payday, you have the right to file a claim with TWC. As Betty points out, however, you will have been paid long before the claim is received, much less investigated and a determination issued.

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