#EmploymentLaw #LaborRights #HolidayPayDispute #TexasPaydayLaw
Are you dealing with a situation where your employer has suddenly revoked promised holiday pay? It’s a frustrating and unfair situation, but you have rights as an employee. In this article, we’ll discuss what you can do to seek recourse and ensure that you receive the holiday pay you were promised.
The first step in addressing this issue is to gather all the evidence and documentation related to the holiday pay dispute. In your case, you have text messages showing proof of the verbal agreement, as well as time sheets and approval from the general manager. This evidence will be crucial in supporting your claim for the unpaid holiday pay.
##Understanding Your Rights as an Employee
When dealing with a holiday pay dispute, it’s essential to understand your rights as an employee. In Texas, the Texas Payday Law governs the timely payment of wages, including holiday pay. According to this law, all earned wages must be paid in full and on time. If your employer has failed to pay your holiday pay as agreed upon, they may be in violation of the Texas Payday Law.
###Key Points to Consider:
1. The Texas Payday Law requires employers to pay earned wages in full and on time.
2. Employers must honor any agreed-upon holiday pay as per the verbal or written agreement.
3. Documentation such as text messages, time sheets, and approval from management can serve as evidence in a holiday pay dispute.
##Taking Action – Filing a Complaint
Given the circumstances of your situation, filing a complaint with the Texas Workforce Commission or the U.S. Department of Labor may be necessary. You can seek guidance from these government agencies regarding your rights as an employee and the steps to take in filing a complaint.
###Steps to File a Complaint:
1. Gather all evidence related to the holiday pay dispute, including text messages, time sheets, and approval documentation.
2. Contact the Texas Workforce Commission or the U.S. Department of Labor to inquire about filing a complaint.
3. Provide all relevant evidence and documentation to support your claim for unpaid holiday pay.
##Understanding Employment Contracts
In your case, you mentioned that the new company listed you as new hires and has not provided an employee contract or any signed paperwork. Understanding your rights as an employee under an employment contract is crucial.
###Important Considerations:
1. Under Texas law, an employer is required to provide employees with a written employment contract outlining the terms and conditions of employment.
2. Lack of an employment contract does not negate your rights to receive the agreed-upon holiday pay as per verbal agreements and documented approval.
##Seeking Legal Advice
If the holiday pay dispute is not resolved through filing a complaint, seeking legal advice from an employment law attorney may be necessary. An attorney can provide guidance on your rights as an employee and the legal options available for seeking the unpaid holiday pay.
###Consulting with an Attorney:
1. Schedule a consultation with an employment law attorney to discuss the details of your holiday pay dispute.
2. Provide all evidence and documentation to the attorney for review and assessment of your case.
3. Follow the attorney’s guidance in pursuing legal action to recover the unpaid holiday pay.
##Exploring Additional Recourse
In addition to seeking legal advice and filing a complaint, exploring additional recourse options such as unemployment benefits may be necessary if the dispute results in you being unable to work for the company.
###Considerations for Unemployment Benefits:
1. Contact the Texas Workforce Commission to inquire about eligibility for unemployment benefits in the event of a holiday pay dispute.
2. Provide all relevant documentation, including evidence of the holiday pay agreement and the employer’s failure to pay, when applying for unemployment benefits.
##Conclusion
Dealing with an employer who has denied agreed-upon holiday pay can be a frustrating and challenging experience. However, as an employee, you have rights protected under labor laws. By gathering evidence, understanding your rights, and seeking legal guidance, you can take the necessary steps to seek recourse and ensure that you receive the holiday pay you were promised. If you find yourself in a similar situation, don’t hesitate to take action and seek the support and guidance available to protect your rights as an employee.
l a w y e r
Employment Lawyer!
To help people comment can you let us know what country you’re in?
Ummmm they can just change the paycheck after you approve the paycomm?? Wtf is even the point of paycomm?? Why is this shitty app on my phone??
I miss ADP, I could change my 401k contribution whenever I wanted, now I have to bug HR every time.
United. States. Department. Of. Labor. Wage. And. Hour. Division.
That they classified existing employees as new hires because ownership changed is more than reason enough for *every single one of you* to walk off the job the same day. Seriously.
As a collective unit, go to your bosses and say “fix this or we all walk. at once.”
sounds like wage theft. I’d file a complaint and lawyer up. I’d be shocked if you couldn’t find a lawyer on a contingency depending on how many employees are affected
I was so pissed at a new job once. I got hired right before Thanksgiving. Was told I get Holiday pay as long as I don’t take off the day after the Holiday. Cool! Come to find out, there’s a 90 day probation in which you aren’t eligible. Fuckers!
This is against the law
As far as TWC goes, if you signed an arbitration agreement on hire, they will not enforce wage and hour laws or the FLSA. Mega corporation got away with paying me 5$ for a 40 hour workweek. You can try anyways, worst that happens is they come back “claim is dismissed for being preceded by a valid arbitration agreement”. Idk how a buyout affects it, depends on who’s name is on your paychecks. File wage claim anyways.
Texas legislature and labor board is in the pocket of corporations. It sucks being a worker in Texas.
I’d go scorched earth. File osha complaint, be open about it, get fired. Collect 10grand. Oh and if you get intermittent leave under FMLA, they may not require you to produce a doctors note for any call-ins bc it was already certified during application.
This is the beginning of the end. Start looking for another job.
They can’t agree to holiday pay then take it back after you work those hours. That’s wage theft.
They absolutely cannot retroactively change the wage they agreed to pay you. File complaints with the department of labor.
Make a complaint with the labor board
Department of Labor.
If it was approved, you are owed that money. Contact your states agency for Labor and Industries. Show them the texts and the state will handle it.
Where did this happen? This is wage theft, call your local Department of labor, and they will get on it. Call them first, once they make contact, terminating you becomes a crime (retaliation). They promised one thing and changed it after the fact which is wage theft.
Call the Department of Labor ASAP. You took the shifts under the promise of holiday pay, you submitted a time card that had the holiday pay on it, and they left a paper trail saying that you then after the fact are not getting the money.
Department of Labor lives for these type of cases and it’s free
You and your co-workers need to file a Wage Complaint with your states Department of Labor. No lawyer needed… yet.
The thing a lot of these short sighted stupid companies don’t understand is when you treat people in shitty ways, they won’t work as hard.to make money for you. When you lie to them, they will not trust you, and they will leave their shitty job with shitty management I search of greener pastures.
Oh…but no one wants to to work…bitch moan cry…instead of hey,.let’s follow through on our promises and treat our people with respect and pay a decent wage. Then everyone will want to work for you.
File a complaint with your state’s department of Labor.
File a claim with the DoL for wage theft… assuming you have evidence of this (some type of evidence that they told you they would pay you $x before you worked those hours)
Also look into what the law is about holiday pay in your state… I think in a lot of places it is legally set to 1.5x your normal wage. So even if you don’t have evidence that they agreed to pay you more, you might be able to fall back on the law and still file a claim for wage theft on the basis of law
It’s wage theft. Contact your state DOL
You got written evidence not verbal, keep the screenshot and tell payroll to either pay up or seal with the DOL
Blatant wage theft
If you’re not a union member you only got yourself to blame.
Uh, isn’t it federally regulated?
That’s not legal.
Time to form a union!
🍾🔥
This hotel isn’t in upstate New York by any chance is it???
Go straight to the department of labor and file a complaint. Be sure to include all your evidence. Your company just pulled a FAFO.
sue them
love the “new hire hate”
Sounds like a good time to renegotiate your wages and benefits for the whole workforce. Also, yes, report everything to labor.
If it’s about the money, pursue your losses and keep going in. If it’s about principle, then go ahead and miss more shifts and find a new job. Big companies are mostly scum and I’m sorry this happened to you.
Who’s the new owner? Put it ou there to subject them to the negative publicity they so richly deserve.
In the US they cannot change the rate of pay *after* you’ve worked the hours. Contracts and minimum wage aside, they can choose to reduce the wage you will earn going forward after they tell you about it, but they cannot retroactively or without notification reduce the wage.
Fuck ’em. File a wage claim with your state’s department of labor. Encourage everyone to. You have proof you were promised a certain wage for working and you have proof you didn’t get it.