Dallas, TX asked in Employment Law for Texas

Q: My last employer change my status from salary to hourly on my last check to avoid paying me my full check is this legal?

Related Topics:
1 Lawyer Answer
Juan B Hernandez
Juan B Hernandez
  • Licensed in Texas

A: Neither Texas or Federal law prohibit an employer from retroactively modifying an employee's wages. However, the Texas Workforce Commission (“TWC”) apply common law principals to protect employees from retroactive wage reductions. When an employer retroactively reduces wages without notice to the employee, that employee can file a claim to recover the lost wages with the TWC. Here is a link to the TWC’s web page on wage claims. http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law

Additionally, if you feel like you were misclassified as a salary employee from the start and work overtime hours during that time frame, you should contact an employment attorney to discuss further.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.