Legal Question in Employment Law in Texas

Can an employer decide to shorten the pay period at their discretion? HR mgr won't be in on the normal day that payroll is processed, so she is doing payroll a day early, therefore leaving workers 8 hrs short on their paycheck. The next biweekly pay will then be for 88 hrs. If it's okay to shorten the pay in one period, do they have to pay OT for the extra 8 hrs on the next paycheck?

Asked on 6/27/13, 9:13 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

Your employer can permanently change the pay cycle, for example changing from weekly to biweekly or Sun-Sat to Tues-Mon, but cannot make individual changes from week to week.

The employer does not have to pay overtime on the missed eight hours because the pay should have gone on the right paycheck but the employer may be liable for penalties for delayed payment. However, if your employer is going to pay overtime on the eight hours it might be worth the delayed payment.

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Answered on 7/01/13, 12:52 pm

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