Is what my employer paying legal?

UPDATED: Sep 30, 2022

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Is what my employer paying legal?

I currently am employed at an establishment where we deliver food. I get paid $7.25/h in store and $4.75/h when I clock out to deliver, then when I get back clock back in to $7.25/h and so on and so fourth. So, when I got my first paycheck I looked and saw I got paid hourly which was 292 gross and taxes took out $50 which should of left me with $242 net correct? Well, they work a little differently where they deduct tips from that as well so any tips that are recorded are automatically 1 taxed then 2 taken out of the paycheck. So essentially I’m only getting paid hourly if my tips are funding my hourly. I know in clocked in store I’m getting $7.25/h but as my paycheck shows 14 hours driving and only 9 for in store. I’m just wondering if that’s legal because of that.

Asked on January 27, 2017 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It sounds like your employer is not paying for the full amount of hours work and/or not paying you minimum wage. You need to visit with someone from the Texas Workforce commission to investigate a payday law violation.  This is a free service that you can utilize to insure that you are correctly paid for the hours you work.

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