Q: I work for a contracting company and didn't receive one of my paychecks. The company claims it's a phishing issue.
I work for a contracting company and didn't receive one of my paychecks. The direct deposit information was changed online unbeknownst to me and the contracting company stated they did their research and concluded it was a phishing issue. They stated they couldn't get the money back thus my loss.
How can I proceed?
Steps taken:
1. Spoke to the director of the contracting company who mentioned another employer had the same issue.
2. Reached out to the bank in question via email, no answer.
A:
Under the Texas PayDay law, wages must be delivered to the employee at their regular place of work during working hours, mailed by registered mail or by direct deposit to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the employee.
Each employee who is exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) must be paid at least once a month; others must be paid at least twice a month. Semi-monthly pay periods must contain as nearly as possible an equal number of days. Within those limitations, an employer may designate any paydays he or she chooses.
Employers must post notices of paydays in conspicuous places in the workplace. If an employer does not designate paydays, the employer's paydays are the first and 15th of each month.
If an employee is not paid on a payday for any reason, including the employee's absence, the employer must pay those wages on another business day as requested by the employee.
My advice is to deliver written request to your employer (via email is fine) to pay you your wages tomorrow, and then show up at your workplace and ask for your check.
If your employer does not pay you tomorrow, submit a wage claim with TWC :
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.twc.texas.gov/files/jobseekers/wh-1-wage-claim-twc.pdf
Maurice Mandel II agrees with this answer
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