payday loan laws of texas
Texas Payday Law establishes the rights and responsibilities of both employees and employers, including when and how employees must be paid.
payday loans in the united states
This page contains a summary and chart showing state by state payday lending statues and laws by loan
In general, almost all costs that an employer might incur in providing a workplace for and meeting various needs of its employees, in complying with workplace regulations that impose a duty on the employer (such as supplying employees with safety equipment required under osha regulations), and in paying for the expenses of an ongoing business operation, will be regarded as part of the normal cost of doing business that may not be deducted from an employee's wages to the extent that it would take the employee's pay below minimum wage, or result in payment of less than one and one half times the regular rate of pay for any overtime hours. the general rule is found in dol wage and hour regulation 29 c.f.r. 531.32(c). that provision notes that expenses for things that are primarily for the benefit and convenience of the employer are not considered "other facilities" and thus may not be credited toward payment of the minimum wage. regarding overtime pay, 29 c.f.r. 531.37(b) states "[w]here deductions are made from the stipulated wage of an employee, the regular rate of pay is arrived at on the basis of the stipulated wage before any deductions have been made." subsection (a) of the same regulation provides that the deduction for expenses may "not exceed the amount which could be deducted if the employee had only worked the maximum number of straight-time hours during the workweek." together, those two provisions mean that even if the employee is paid more than minimum wage, deductions for expenses incurred for the employer's benefit and convenience may be made down to minimum wage only for the non-overtime hours; overtime hours must be compensated at one and one half times the full regular rate of pay. the general rule is outlined in several provisions of dol's field operations handbook (foh) in chapter 30 (minimum wage):The only exceptions to this general rule are found in dol's foh sections 30c05 and 30c06 and have mainly to do with things like depreciation and operational costs attributable directly to meals, lodging, and other facilities. dol wrote in an opinion letter dated january 21, 1997 that "it is our longstanding position that the cost of uniforms and safety equipment required by the employer is a business expense of the employer. thus, even if the employees purchase these items, this cost may not reduce their wages below the minimum wage, nor decrease their overtime compensation." the same rule would apply to drug and alcohol testing costs; since such costs are usually borne by the employer, wage deductions for such expenses may not take the employees below minimum wage. a dol opinion letter of september 10, 1998 noted that an employer does not have to pay mileage expenses employees incur during work, "so long as at least the full minimum wage is paid free and clear for all hours worked." that position coincides with the rule cited in dol opinion letters wh-92 of november 10, 1970 and wh-531 of june 27, 1990 that expenses relating to transporting employees during a workday may not be counted toward minimum wage, i.e., the employer must both pay the full minimum wage and reimburse any out-of-pocket transportation expenses that would effectively reduce the employees' pay below minimum wage if left unreimbursed. as noted in the topic on direct deposit of expense reimbursements, such reimbursements are not counted as part of wages (see also the topic on "expense reimbursements"). in general, any employer contemplating such deductions should definitely consult with legal counsel before proceeding.An employee whose wages are paid in part with meals furnished in connection with the job, by being able to live in housing provided by the employer, or with "other facilities" is considered to be paid "in kind". special considerations apply when wages are paid in kind. section 61.016(a) of the tpl states that wages shall be paid either in cash, by a check that is negotiable for cash at the full face value, or by electronic funds transfer. section 61.016(b) states that payment of wages "in kind or in another form" is acceptable if the employee has agreed in writing to take the wages in such a manner. the texas payday law thus takes a stricter position than the prevailing court decisions under the flsa take, i.e., under the state law, written acceptance of lodging as part of wages is required, whereas under the federal law, employee acceptance is not required. thus, even if a deduction or credit for lodging costs that would reduce an employee's pay below minimum wage or cut into an employee's overtime pay might be legal under the flsa, the employer would still have to have the employee's written consent to receive part of the wages in the form of meals or lodging in order to comply with the state wage payment law. the texas workforce commission, which enforces the tpl, also takes the position that to be valid, the lodging deduction must also comply with the federal recordkeeping standards found in part 516 of the federal wage and hour rules, most specifically, section 516.27.The flsa, the regulations, and the field operations handbook are silent on whether a deduction for an administrative fee associated with an otherwise legal deduction may itself take the employee's pay below minimum wage. however, the list of allowable deductions in part 531 of the regulations is very exclusive. the fee would not be any kind of "facility", since it could not fairly be said to benefit the employee in any way. hence, the field operations handbook provisions allowing certain administrative costs associated with "facilities" to be deducted from minimum wage would be of no help. the regulations allowing deductions for garnishments ordered by courts or required under law do not mention anything about associated administrative fees, and the field operations handbook is likewise silent on that topic. significantly, attorney's fees incurred by an employer in association with a garnishment order may not be deducted from the employee's pay, if such a deduction would take the employee below minimum wage (wage-hour opinion wh-84, october 12, 1970). the best course of action is to assume that dol would not permit such a deduction from minimum wage, since administrative fees are merely permissible under state law, not required under either state or federal law. since it would not be allowed under the flsa, it would not be for a "lawful purpose" and would also violate the texas payday law.
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