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  • Paycheck withheld

    I am a salary employee in Texas and I fill out a time sheet for the purpose of billable hours. One week I was late turning in this form (not an ongoing problem) and the payroll department said I would not be paid. Turns out they had my time sheet and had misplaced it. What does the law saw about an employer withholding your paycheck, can they do this to me for any reason?

  • #2
    Texas

    Texas statutes say, "§ 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, § 1, eff. Sept. 1, 1993. Amended
    by Acts 1997, 75th Leg., ch. 1158, § 1, eff. Sept. 1, 1997."

    However, it also says that the employer doesn't need to pay an exempt employee more than once per month. It is not clear which statute takes precedent over the other. My suggestion is that you contact the state for a definitive answer.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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