Can an employer hold out to pay you until the next payday for failing to punch in. I get paid biweekly. One week was not punched in as it was overlooked due to the workload
The short answer is "No." The Texas Payday Act states that hourly employees must be paid, at minimum, twice per month on pay dates that have been previously established by the company. That said, I can't tell from your question whether the reason you didn't get paid on time was that the employer was punishing you for failing to clock in for an entire week or whether, since you didn't clock in for an entire week, the paycheck was not prepared accurately or on time.
If the delay was punishment, then the employer probably violated the Payday Act. If the delay was unavoidable becuase you didn't punch in for an entire week, the employer may have technically voilated the Act, but I'm not sure the Texas Workforce Commission (TWC), which enforces the act, would take any action.
In any event, if you want to do something about the situation, you should contact the TWC and ask to file a Payday Act complaint. If you choose to do so, bear in mind two things: 1) the process can take a couple of months - if the employer makes up the skipped paycheck in the interim, there is probably nothing the TWC will do; 2) the statute does not contain any protection against retaliation - if your employer fires you because of the complaint, you will not have any legal remedy.
Good luck.
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