Expert: Thomas R. Ballas - 11/3/2009

Question
QUESTION: My employer sometimes doesn't give us our stubb for a week or more. Is that legal in Texas?

ANSWER: Patricia:

The law says you should get a pay stub.

Here is the link.

http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf

Tom Ballas

---------- FOLLOW-UP ----------

QUESTION: I guess I didn't make my question clear.  Shouldn't I get the pay stubb ON PAYDAY(in Texas) or can he wait a week or so to give it to me?

ANSWER: Patricia:

My mistake, not yours.  Here is the statute, and it says at the end of the pay period. So, by law, they must give it to you then.

Tom Ballas



Sec. 62.003.  EARNINGS STATEMENT.  (a)  At the end of each pay period, an employer shall give each employee a written earnings statement covering the pay period.

(b)  An earnings statement must be signed by the employer or the employer's agent and must show:

(1)  the name of the employee;

(2)  the rate of pay;

(3)  the total amount of pay earned by the employee during the pay period;

(4)  any deduction made from the employee's pay and the purpose of the deduction;

(5)  the amount of pay after all deductions are made; and

(6)  the total number of:

(A)  hours worked by the employee if the employee's pay is computed by the hour; or

(B)  units produced by the employee during the pay period if the employee's pay is computed on a piece rate

(c)  An earnings statement may be in any form determined by the employer. The information required by Subsection (b) may be stated on a check voucher or bank draft given to an employee for the employee's wages.

(d)  In this section, "pay period" means the period that an employee works for which salary or wages are regularly paid under the employee's employment agreement.




---------- FOLLOW-UP ----------

QUESTION: I have direct deposit.  Does that fall under this same statute?
I just don't like him not giving us our pay check stubb a week or so later.  Like today is 5 days since payday and I have asked for it twice.  Still no stubb.  So by what you have shown me, it should be given on payday or is there any other statue in Texas that governs direct deposit pay?

Answer
Patricia:

I have no doubt direct deposit falls under the statute.  Look at this link under "Payment of Wages".

I would bring to HR's attention that employees are not receiving the pay sutb in a timely matter.  If that does not work, you can write the President or owner of the company.

Tom Ballas

http://www.twc.state.tx.us/ui/lablaw/pdlsum.html