Consumer Protection Law

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If direct deposit is scheduled and the system goes down...

Customer Question
If direct deposit is...

If direct deposit is scheduled and the system goes down... the owners of the business are saying that checks aren't issued for another 3-4 days. is this legal?? I have obligations to take care of and depend on my stability of thatbcheck on payday.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

No just got the call

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know If what is being done is legal. are they suppose to find a way to provide with my funds?

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 17 hours by:
11/17/2017
Consumer Protection Lawyer: Dwayne B., Lawyer replied 8 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,389
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Consumer Protection Lawyer: Dwayne B., Lawyer replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Consumer Protection Lawyer: Dwayne B., Lawyer replied 8 months ago

I have never seen the Department of Labor actually take any action in a similar case, other than contact an employer, but the law states that the monies are to be paid on the date they are due and don't allow for any excuses as to why they wouldn't be. Presumably if there was some kind of national emergency or disaster it would be a defense but other than that the employer is supposed to have the payroll ready on the date the payroll is due.

You can contact the Texas Workforce Commission, which is the Texas office for the Department of Labor, and they can provide instruction on what to do next. They used to allow you to make anonymous complaints and they would contact the employer but I' not sure if the anonymity is still guaranteed.

The penalties they can impose are usually high enough to where an employer will immediately find a way to pay the employees rather than paying the penalties.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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