Mailing paychecks

earlearl

[font size="1" color="#FF0000"]LAST EDITED ON 07-19-01 AT 02:19PM (CST)[/font][p]Employee has two choices of receiving their paychecks. Employees travel throughout the United States so they are not actually on employer's site to receive their pay. They can choose to have direct deposit or have their check Fed Ex to them at their expense.

Question: Is it legal to have the employee pay for their postage (Fed Ex) to mail their paycheck to them? Employer charges $25.00 and is payroll deducted.
Thanks

Down_the_Middle

Suggest checking your State FSLA rules. While I don't think there is any national prohibition, I am aware of a number of states that prohibit charging the employee for postal services to receive their paychecks. Does employee have option of receiving their paycheck via 1st class mail....and who pays the postage for that? Seems to me if the employer offers 1st class postage and the employee chooses Fed Ex, then that cost can be paid by the employee.

earlearl

Employee is only offered FedEx delivery. I have checked my Tx. Employment book but am unable to find where/if it addresses this subject.

Before this goes into our handbook, I could really use some info on where to find this answer.

bsa

The Texas Payday Law says deductions must be authorized in writing by the employee, unless it is federal or court ordered.

Theresa Gegen TX

The Texas Payday law about delivery of payment of wages states that an employer shall 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 iin 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.

The statute appears to put the burden on the employer to deliver the paycheck. It does not seem like you could force the employee to pay for overnight delivery.

As far as taking a deduction out of the paycheck, the employer can do so for a "lawful purpose" if the employer has a written authorization.

One final point, since you have employees in other states, you probably have to comply with the laws in those states about manner of payment and deductions.

Good Luck!

Theresa

bsa

Texas Pay Day Law says that you can only deduct when you 1) are ordered by a court; (2) or by state or federal law; or (3) have written authorization from the employee.