Sunday, September 16, 2018

When do I get my Paycheck after leaving a job?

Whether you are fired, laid off, or voluntarily quit your job, state and federal laws govern how promptly your former employer must issue your last paycheck. While federal law establishes a minimum requirement, state laws differ on how soon you must be paid after leaving your job. Additionally, many state laws carve out separate final paycheck deadlines for employees who quit, as opposed to being fired or laid off. Employers who break these rules often do so out of ignorance, but they can face stiff penalties for noncompliance.

The following article serves as a primer on when to expect your final paycheck after leaving or being terminated from your job, and what to do if your former employer disregards the law.

State and Federal Last Paycheck Laws in General

Most states have laws mandating how soon a departing employee must receive his or her final wages (see Final Paycheck Laws by State for details). But even in those states that lack such laws, federal law requires employers to issue a departing employee’s final paycheck on or before the regular payday for the last pay period.

Some states have laws requiring payment to departing employees on the next scheduled payday, which is in alignment with federal laws, while several states mandate immediate pay upon discharge or on the next business day.

Texas Payday Law

If you have been fired or voluntarily quit your job, your former employer may have to pay you sooner than the next regular pay period.


 (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.

(b) An employer shall pay in full an employee who leaves employment other than by discharge not later than the next regularly scheduled payday.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Still Waiting? How to File a Complaint

If you have not been paid on your regular payday after leaving a job, and efforts to remedy the situation with your former employer have failed, contact your local Texas Workforce Commission Office or Department of Labor (DOL), Wage and Hour Division office to file a complaint. But before you do that ....

Get a Free Evaluation of Your Employment Law Concerns

Whether you’ve moved on to another employer or were fired from your last job, you are entitled to your last paycheck in accordance with state law. If you’re still waiting for your last paycheck after the statutory deadline, you may want to explore your legal options. Have an employment attorney evaluate your potential claim for free. Call The Vargas Law Office.  

Monday, July 9, 2018

Common Violations in Employment Law #2: Employee or Independent Contractor?

Owning and operating a small business can become overwhelming when it comes to withholding and paying payroll taxes to the IRS.  That is, an employer must withhold part of the employees pay, in form of income taxes, social security, and medicare taxes.  It also has to pay unemployment taxes to the state.  For this reason many companies decide to classify a worker as an Independent Contractor rater than an employee.  But doing so incorrectly with no reasonable basis may make the employer liable for those taxes and penalties.  It is therefore recommended that you seek advise of counsel prior to classifying your worker as an independent contractor. Whether a worker is an independent contractor or employee depends on the facts in each situation.  The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work, not what will be done or how it will be done.  If you own a small business and employ someone else to perform work, consider seeking advice with THE VARGAS LAW OFFICE, for a consultation on the costs and benefits of classifying workers as Employee or Independent Contractor.