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Bounced checks, and with held pay. Texas

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  • Bounced checks, and with held pay. Texas

    For the past two months my pay checks have bounced, so my manager has been keeping our checks and paying us installments much to my distress. There are people waiting for their money for two diffrent pay periods. He has no set pay day other then bi weekly. we used to get payed on mondays but it has slowley moved to thursdays. The new issue is our pay checks have been sitting in the office for 3 days and every time i ask for it im told no and the subject changes to him asking why sales are so bad. I work at a nestle cafe, my pay is not commision based he has no right to withhold my pay. The last two checks were postdated so i couldnt even try to put them in the bank. I'm getting frustrated because every day i get yelled at by this man, and im stuck here because i cant find another job but this one doesnt pay. Not to change the subject but now there are only two employees right now and we work 10 and 11 hour shifts and are given only a 15min break each day ond only if you wanna eat, I'm just frustrated and dont know what to do please help.

  • #2
    Here are the sections of the Texas Labor Code relevant to payment of wages to existing (not terminated) employees.

    Sec. 61.011. PAYDAYS. (a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month.

    (b) An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month.

    (c) If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days.

    Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

    Sec. 61.012. DESIGNATION OF PAYDAYS; NOTICE. (a) An employer shall designate paydays in accordance with Section 61.011.

    (b) If an employer fails to designate paydays, the employer's paydays are the first and 15th day of each month.

    (c) An employer shall post, in conspicuous places in the workplace, notices indicating the paydays.

    Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
    Sec. 61.016. FORM OF PAYMENT. (a) An employer shall pay wages to an employee:

    (1) in United States currency;

    (2) by a written instrument issued by the employer that is negotiable on demand at full face value for United States currency; or

    (3) by the electronic transfer of funds.

    (b) An employee may agree in writing to receive part or all of the wages in kind or in another form.

    (c) Payment by a written instrument that is not negotiable or for which payment is refused for any reason attributable to the employer does not constitute payment of wages for the purposes of this chapter. (emphasis mine)

    Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

    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.

    Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a) An employer commits an offense if:

    (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and

    (2) the employer fails after demand to pay those wages.

    (b) An employer commits an offense if the employer:

    (1) intends to avoid payment of wages owed to an employee;

    (2) intends to continue to employ the employee; and

    (3) fails after demand to pay those wages.

    (c) An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay.

    (d) An offense under this section is a felony of the third degree.

    Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1158, Sec. 1, eff. Sept. 1, 1997.

    Sec. 61.020. FAILURE TO PAY WAGES; ATTORNEY GENERAL ACTION. The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter.

    Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.


    http://www.statutes.legis.state.tx.u...aspx?key=la.61

    File a claim for unpaid wages with the TWC immediately. The sooner the better, since companies that can't pay their employees consistently on time is very likely to go out of business pretty soon.
    http://www.twc.state.tx.us/ui/lablaw/wageclaim.pdf

    On the other issue, Texas law does not require rest periods or meal breaks. However, if you don't get at least 20 minutes of uninterrupted meal time, it's not a bona fide meal break under the law and the entire 20 minutes must be paid.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.19.htm
    Last edited by Pattymd; 02-14-2009, 09:58 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Thank you for you help.

      Comment


      • #4
        You're welcome. Although the response took some nifty cutting-and-pasting, the cites are easy to find when you know where to look.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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