When is my employer required to pay me?

UPDATED: Sep 30, 2022

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When is my employer required to pay me?

I started working as a busser at a restaurant about a month ago. I have gotten my share of the tips after each shift, but not a normal paycheck. I am supposed to get 6 an hour plus my tips and I have worked almost 70 hours in the last month but still no paycheck. When is my employer required to pay me, once a month? Also, do I qualify for overtime or am I exempt?

Asked on March 16, 2016 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Texas has what is called a Payday Law.  This law says that your employer is required to pay you on each regularly scheduled payday.  So if everyone else is getting paid on Friday, then you should get paid on Friday.  Sometimes, employers will make you work a week and there will be a week or so lag after the earning of the pay.  However, over a months is past the point of patience if everyone has already been paid.  If they are not going to direct deposit your funds, then they should be giving you a check.  You need to go to HR and inquire.  There is an off chance they are depositing the funds into a wrong checking account because someone inputted a number wrong.
After talking to HR if you find out they simply aren't going to pay you for another month or so.... then you need to go file a complaint with the Texas Workforce Commission.  There website is a good resource for other payday related questions

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