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Posting pay info. Texas

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  • Posting pay info. Texas

    My husband works for a company where they receive "draw" payments. He is in commission sales. When he got to work today, in the break room, was a posted list of everyone's draw balance that they owed the company. It had the employee's name, and next to it was the amount they owed. It was in plain site so everyone could see it. Can they do this?

  • #2
    Yes, it's not illegal to do so.
    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

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    • #3
      Agreed. It does however raise a completely different issue. What do you sell and where/how do you sell it? "Draws" are legally tricky, and it is not uncommon for employers who use draws to not have a clue what they are doing (legally). Let's make sure that your employee's handling of draws itself is legal.

      Regarding your actual question, there are very few things that in law the employer must keep confidential. Salary information is not one of those things. Most employers try to keep salary information confidential, but that is for their own reasons, not because they are trying to help their employees or follow some law.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        He sells timeshare. Which wasn't his first choice, but after losing his job, it was the only thing available at the time. It's funny you mentioned that they usual don't know what they are doing concerning draws. He never knows how much draw money will be deducted from his commission. It ranges from $20 to $300. There is no pattern! Are there laws regarding this? How can I find info on it?

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        • #5
          You are in luck. Without going into a lot of detail, given the facts as you have stated them, the employer MUST pay the employee at least minimum wage and overtime. The employer trying to invoke the "draw" word does not change this.

          The employee needs to record all hours worked by workweek and match up compensation paid gross including draws by workweek. I am not saying that the draw is certainly not possible, but I will say that the draw's recovery is not legally possible if it causes the MW/OT laws to fail.

          http://www.dol.gov/esa/whd/opinion/F...25_04_FLSA.pdf
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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