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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6292
Experience:  Significant experience in all areas of employment law.
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i quite a company a week ago and my last check was made, but

Resolved Question:

i quite a company a week ago and my last check was made, but was not mailed to me, how long can they keep my last check from me? tomorrow is the payday, can they keep it for a few day before they mail it?
Submitted: 6 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX X will do everything I can to answer your question.

Texas Labor Code 61.014 requires employers to pay employees who quit their final wages by no later than the next scheduled payday. Failure to pay such wages may give rise to civil penalties and interest on the amount owed.

With regard to the means by which payment can be made, section 61.017. provides as follows:

"(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."


Provided your employer pays your wages in a manner consistent with the above by your next regularly scheduled payday (tomorrow), they will be in compliance with the law. If they do not, your recourse is to file a complaint with the Texas Workforce Commission. See here for more infomration on that process: http://www.twc.state.tx.us/news/efte/wage_claims_in_texas.html

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Customer: replied 6 months ago.

what can I do if the main boss has them with him and he leaves on Thursday and dosent come in on weekends, and he dosent mail them. there are five of us that they are doing this too.

Expert:  Patrick, Esq. replied 6 months ago.

Gary,

Thank you very much for your reply. Unless the next regularly scheduled payday has passed, there is nothing you can do as your employer is within its legal rights not to pay you until that point in time.

Once your next regularly scheduled payday passes, as it will tomorrow, your recourse is to file a claim with the Texas Workforce Commission as noted above. The TWC will recover your unpaid wages, plus potential penalties and interest.

Alternatively, you can file a lawsuit in civil court. Prevailing plaintiffs on such claims are typically entitled to reimbursement for costs and attorney fees, which make this a practical option for many aggrieved employees, depending on the amount in dispute.

To locate an attorney in your area who can help, see here: https://www.mytela.org/TE/index.cfm?event=showapppage&pg=members&configid=157&showfullpage=1

Again, please feel free to let me know if you have any further concerns. It would be my sincere pleasure to assist you further if necessary.

Customer: replied 6 months ago.

one more question, we are paid 24 hours aday, and we clock in and clock out to standby, and everything is through a different company called nova time and is recorded, can the company legally go in and change our time to 12 hours and not not pay us 24 hours that has been recorded?

Expert:  Patrick, Esq. replied 6 months ago.
No, that would be unlawful. Employees are entitled to compensation for ALL hours worked. Unilateral deductions and modifications to timecards which deprive an employee of earned wages is a violation of the Fair Labor Standards Act and state law. In some instances, it can even constitute a crime.

Assuming you worked or we on compensable "on-call" time during the 24 hours you recorded, you are entitled to be paid for that entire time.

I hope this helps clarify things. Again, if I can be of any further help, just let me know.
Patrick, Esq., Lawyer
Satisfied Customers: 6292
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 4 other California Employment Law Specialists are ready to help you

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