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The company I just started working for pays weekly. Work…

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The company I just...

The company I just started working for pays weekly. Work week is Sunday-Saturday. Typically, if you started working on the 1st day of the pay period then you would complete your first work week and you would be paid the following week. This company did not pay for the 1st wk until the 3rd week. It was 19 days before I got my 1st check that was just for 1 wk. If they paid bi-monthly it would make sense to work that long before seeing your 1st check but it would be for 2 wks. Instead, basically it means there's a full week of hours that I have worked that I will never see a check for unless I quit because we're only being paid for 1 week, but it's for hours that we're worked 2 wks ago! I had worked my schedule through 3 straight weeks and then got my 1st check for just week one. The job I left for this one paid weekly too, and it was always for the week before. So now, the check for the previous week is always going to be 2 wks in the future and I'll never see it and going 19 days with no money and then only getting a check for one week causes a major financial bind for people who basically live from paycheck to paycheck! I'm just wondering how it can be legal to wait that long to pay your employees if the pay period is only for 1 week.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

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

That's all!

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 hour by:
11/18/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,320
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the Fair Labor Standards Act, they are not allowed to withhold pay. So if you are not paid for the week of hours worked by the next week's payroll date, legally you have a wage claim for which you can seek 2 times (or 3 times if you can prove they are doing this maliciously) the amount of wages due as your damages. You would need to file a wage claim with the Texas Workforce Commission Wage and Hour Division or the US Department of Labor Wage and Hour Division and they will investigate and pursue your claims. You could also sue in court for the wages due (which sometimes takes longer than going through TWC or DOL).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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