Texas PayDay Law

HR4ever

I understand that wages are due employees on the designated paydays but does this include wage shortages due to unintentional mistakes? We have an electronic timekeeping system and the actual paychecks are processed off-site (in Atlanta, Ga.). If an employee's paycheck is short by 8 hours because the employee failed to clock out one day and the mistake isn't caught before the payroll information is processed and checks are delivered, are we in violation of the Texas PayDay Law? I had an employee tell me we violated this law when his paycheck was short for this reason. The employee was made whole one day after the designated paydate.

My interpretation of the Texas Payday Law is that is requires immediate payment if the employer intentionally has not paid an employee on his/her regular payday. But if the amount paid was unintentionally incorrect, the employer has a reasonable time to correct the issue.

Does anyone know the State of Texas' interpretation?

Don D

I will be real surprised if you learn that the employee who failed to punch is due to be paid the amount anyway on regular payday. Surely not. The Texas Workforce Commission may be the folks to call; but, my bet is that the amount should be paid on the employer's next regular paydate or on the soonest date practical after the EMPLOYEE'S mistake is realized and corrected by the company.

Rockie

If employees don't follow proper protocol (i.e,, clocking in and out properly, or turning in a timesheet by payroll deadline) it is not the company's fault and I don't believe any state would ding you for this. I would just tell the employee that, because of their error in not clocking properly, they were short on their paycheck and it would be included in the next regularly scheduled paycheck.

Anita

Our company policy is if the error is the fault of the employee it will be paid with their next regular payday. If the fault is the company's (supervisor, payroll) then a hand check is done the same day.