Is this legal?

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Is this legal?

our employer is giving us the option for a payroll advance, to align our payroll
system, it is stated it is an advance, not a LOAN, how can the company change
our paydates?
Also, how can the company, if we choose not to opt for the advance, not give us
what is owed for hours worked, and skip a pay period and only give us a minimal
amount, but not enough to cover our medical insurance deductions?

Asked on April 23, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As long as you end up getting all the money to which you are entitled, even if due to the change, it is slightly or somewhat delayed, that is legal. The law does NOT require an employer to always keep the same pay dates or payroll cycle, and the employer *is* allowed to change pay days. In allowing this, the law accepts that it might cause some disruption to employees who live paycheck to paycheck or don't otherwise have enough to tide themselves over the gap in pay. Even if there is some disruption, if you are caught up when the next/new cycle kicks in, there is no claim or cause of action.
If you fail to be paid eventually for all work done that would, of course, be illegal, and you could sue for the unpaid wages, etc.


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