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A. L. Dent III's Answers

A. L. Dent III
Houston Employment / Labor Attorney.
Contributor Level 4

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Attorney answers:

  1. A. L. Dent III

How long should my employer take to give me my final paycheck?

Asked by a user in San Antonio, TX - over 2 years ago.

Assuming that you were employed in Texas at the time of your discharge, your former employer is required to pay you your final paycheck within six (6) days from the date of your termination. This is required under the Texas Payday Act which is administered by the Texas Workforce Commission. If your former employer fails to pay you within the required six days, you should file a complaint with the TWC, who will in turn notify your former employer of your complaint and the requirement that you...

1

Attorney answers:

  1. A. L. Dent III

Can an employer say you have to work late but say they are not going to pay you for and if you leave you will be fired?

Asked by a user in Roswell, GA - about 3 years ago.

The answer to this question essentially depends upon what your job classification and duties are. If you are in a supervisory/managerial position, a professional position, or an administrative position with independent discretion to make decisions or assist inrather high level decisions, you will be considered to be an "exempt" employee - that is exempt from overtime pay for hours worked in excess of 40 hours during your normal workweek. Under the Fair Labor standards Act (the "FLSA"),...