law-Payday-Act unpaid wages | employment disputes - private employer | public employment |
PAYDAY ACT CLAIMS
Under the Payday Act, an employee may seek wages from an employer by pursuing either judicial
action against the employer or seeking an administrative remedy as prescribed by the Act. Tex.
Lab. Code Ann. § 61.051(a) (Vernon 2006) ("An employee who is not paid wages as prescribed
by this chapter may file a wage claim with the commission.") (emphasis added); Igal v. Brightstar
Information Tech. Group, Inc., 250 S.W.3d 78, 82 (Tex. 2008) (providing that Act gives employee
option of filing in court or with Texas Workforce Commission); Hull v. Davis,211 S.W.3d 461, 464
(Tex. App.-Houston [14th Dist.] 2006, no pet.).
The objective of the Payday Act is to discourage employers from withholding wages from
employees by providing employees an avenue to enforce wage claims. Wal-Mart Stores, Inc. v.
Lopez, 93 S.W.3d 548, 561 (Tex. App.-Houston [14th Dist.] 2002, no pet.). Section 61.001(7) of
the Texas Payday Law defines "wages" as including "compensation owed by an employer for . . .
services rendered by an employee, whether computed on a time, task, piece, commission, or
other basis." Tex. Labor Code Ann. § 61.001(7) (Vernon 2006).
Texas Supreme Court Issues new opinion in Payday Act case expanding res judicata doctrine to
dismiss suit for unpaid wages
Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (substituted opinion by
Justice Dale Wainwright)
SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from
Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04)
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted.
The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place.
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted.
The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place.
Texas Payday Law Claim Requires Compliance with Statutory Requirements
Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)(judicial review of TWC ruling)
[payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion
of administrative remedies prior to suit, untimely administrative request for rehearing, jurisdiction DWOJ by
trial court]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission
Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta Anne Lloyd)
Concurring Opinion by Justice Frost
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