employer withholding final paycheck

[PrefersPrivacy]

What is the name of your state? TEXAS

For nearly three years, a friend of mine has been working as manager of a Mexican food restaurant. He was on salary, and working upwards of 60 hours per week.

Shortly after the 1st of January, he was told by the restaurant owner that they could no longer afford to pay him. They asked that he stay on, performing the same job, but for waiter's wages instead. Naturally, my friend could not accept that arrangement, and reluctantly terminated his employment.

This occurred in the middle of the pay period, so my friend is still owed 1 week's pay, or approximately $400. He has, so far, not been able to collect. The restaurant owner tells him, week after week, to come back the next week. He went back yesterday and was told, in terms I cannot precisely describe as I was not there, that they have no intention of giving him his final paycheck. (perhaps I should note that he had a hard time getting paid on time even while he was still working there.)

We would like to know how best to resolve this situation. Is there a specific state labor agency that could be of help? Should he continue to present himself in person and demand payment? Any help or advice is greatly appreciated.

PP

 

[Beth3]

Texas requires that final pay be issued no later than the next regular pay date that the employee would normally be paid on. Your friend should call Texas's Department of Labor and file a complaint.

 

[cbg]

Your post is not clear as to one detail. Is he looking for wage payment of time he had ALREADY worked, or have they paid him for the time he actually worked and he is looking for payment of the rest of the pay period?

If the first, he can contact the state Department of Labor. Texas law requires that when an employee resigns, he must be paid all wages due by the next regular payday .

If the second, they do not owe him anything. One of the exceptions to the law that an exempt employee cannot have his salary docked, is in the first and last weeks of employment, if the entire week was not worked. He is ONLY owed for the days he actually worked. If he did not complete the pay period, he only needs to be paid for the days he did work.

 

[PrefersPrivacy]

I'm sorry if I wasn't clearer to begin with. This is money owed to my friend for the final week of his employment. It is time actually worked. He was 'fired' in the middle of the pay period.

I thank you for your information, and I will advise my friend to contact the Texas Dept. of Labor ASAP.

 

[Wendy Weiss]

The Department of Labor Wage and Hour Division will allow you to file a complaint free. The Department of Labor can force the company to pay your friend. The problem is that the DOL can sometimes only force the company to pay the employee the current minimum wage for the hours worked, not his/her full hourly rate.