Texas Payday Law

A Texas Payday Law 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 with the Texas Payday Law for employees all over Texas; including the cities of Houston, Dallas, El Paso, Austin, Fort Worth, and San Antonio. The Texas Payday Law is there to protect employees from being taken advantage of by their employers in regards to FSLA, overtime, or regular wage payment. An Employment lawyer with a thorough understanding of the Texas Payday law is always available to discuss how he can best assist you.

The Texas Payday Law (TPL) defines the term "wages" to include virtually every conceivable form of compensation for services rendered by an employee, regardless of whether "wages" are calculated by time, task, piece, commission, or any other basis. The term "wages" also includes compensation that does not directly reflect services rendered, including vacation pay, holiday pay, sick leave pay, parental leave pay, and severance pay, paid pursuant to a written agreement or policy of the employer. An employee who qualifies as a bona fide executive, administrator, or professional under the FLSA must be paid at least once a month. All other employees must be paid at least twice a month. As much as possible, each pay period within the month must consist of an equal number of days. An employer must "designate" paydays. Failure to do so results in paydays falling by default on the first and fifteenth day of each month. The Texas Payday Law does not apply to independent contractors, only to employees. Private employers are covered by TPL; while it does not cover any governmental employers. Unlike other employment laws the TPL has no limitations on business size, nature of the business, or number of employees. Any situation in which someone has been hired to work for someone else and performs any kind of work for wages is covered under the Texas Payday Law as long as the kind of direction and control of the hiring person is in place that would normally establish an employment relationship. There is no limit on the dollar amount of the wage claim that an employee or ex-employee may file under the current law.

The employer must post, in a conspicuous workplace location, notices informing employees of scheduled paydays. An employee, who is not paid on payday for any reason, including his or her absence, must be paid on another business day, at the employee's request. Any employee who has been terminated from employment must be paid in full within six days (not "workdays") after the employee is discharged. Payment must include vacation pay and sick pay pursuant to any written agreement or written company policy. An employee who quits his or her employment must be paid in full on or before the next regularly scheduled payday. 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 requires that the Texas Workforce Commission Wage Claim must be filed first before any legal action with an attorney can be pursued. If you have a situation that 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 employer's violation of the Texas Payday Law.

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