An Unpaid Wages Employment Attorney at the Pursley Law Firm will review the details of your case against your employer. The Pursley Law Firm has the ability to pursue claims for Unpaid Wages after exhausting efforts with the Texas Workforce Commission for victims all over Texas; including the cities of Houston, Dallas, El Paso, Austin, Fort Worth, and San Antonio. Unpaid Wages in Employment is an unfortunate reality for many people; so an experienced Unpaid Wages Employment lawyer is ready to discuss how he can best assist you.
The Texas Payment of Wages Act (Texas Payday Law) governs the time and manner of the payment of wages. The statute’s objective is to deter employers from unlawfully withholding wages to employees. The Payday Law does this by providing employees with an avenue for the enforcement of wage claims, many of which would as a practical matter be too small to justify the expense of a civil suit. The Payday Law “establishes an administrative system giving authority to the Texas Employment Commission (now know as the Texas Workforce Commission) to govern the payment of wages by employers. The statute also provides for administrative review of claims for wages and provides for judicial review of administrative decisions.” The Payday Law applies only to employer-employee relationships. It does not cover monies owed pursuant to work performed as an independent contractor. No employer is too small to be covered by the Payday Law. The Payday Law defines an “employer” as a person who employs one or more employees.
The term “wages” is defined by the law to include basically any plausible form of compensation for the work performed by an employee, regardless of how the wages are accounted for by task, commission, time, piece, or any other basis. Referring to wages also includes other types of compensation that are often labeled benefits such as: sick leave pay, vacation pay, personal time pay, holiday pay, parental leave pay, and severance pay, that are paid in accordance with a policy of the employer. An employee whose title is an administrator, executive, or other professional in the higher echelons of the company, by definition of the FLSA, must be paid at least once a month. All other employees are required to be paid at least twice a month. Each pay period within the month should consist of an equal number of days as much as is plausible by the employer. Paydays should be designated and planned in advance. If they are not, then paydays will fall by default on the first and fifteenth day of each month.
A notice that informs employees of scheduled paydays should be posted in an obvious area for all employees to view. If for any reason, an employee does not get paid on payday then s/he should be paid on another business day, as requested by the employee. Any employee who has been terminated from employment must be paid in full within six days after the employee is discharged, including payment for vacation pay and sick pay in accordance with company policy. The payday law also states that an employee who quits his or her employment must be paid in full on or before the next regularly scheduled payday. Additionally, wages paid on commission and bonuses must be paid in a timely manner as agreed by the employer and the employee, or according to the terms of a governing collective bargaining agreement.
Texas Payday Law states that an employee who is not paid wages may file a wage claim with the Texas Workforce Commission within 180 days from the date the claimed wages became due for payment. The employee may file a claim in person or by mail, but not by facsimile. An employee may not bring a wage claim in “bad faith,” that is, with knowledge that the claim is groundless, or solely to harass the employer. Texas Payday Law requires that the Texas Workforce Commission Wage Claim must be filed first before any legal action with an attorney can be pursued. If your employer has caused financial hardship and other unfortunate suffering to you or your family, then you should speak with an experienced employment attorney about your situation to discuss the appropriate course of action in terms of your unpaid wages. Unpaid wages are a serious breach of an employment contract and should be pursued in every appropriate legal action possible.