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[bean]

Last Wednesday my husband told his job (the owners wife) he had applied somewhere else, she told him they would start looking for another person. Saturday he found out he had an interview Monday at 10 am, when he got to work Sat he called the boss/owner and told them he proceeded to chew my husband out about looking for another job. My husband makes 7.50 and works from 38 to 53 hours a week without overtime pay, the job he applied for pays way more and includes ot. They told him his last day would be Sunday he said ok and hung up. He got the new job on Mon and went to get his paycheck Monday around 7pm (payday) and they told him that they had to total the weekend and the check would be in the mail, funny thing they don't even have his address! My husbands brother talked to the boss and he said he will give him his check he is just mad right now and wants to make him wait! So now I wonder how long he can wait before he has to give it to him? We live in TX and they never paid him ot which is against the law and they made him work off the clock almost every night (he worked from 5p to 12:30a even if he was still working time cut off then). I want to go to the Texas labor board but don't know if he really has a strong case? The boss/owner was his best friend..

[hrafn]

They can legally hold it for 30 days without any punishment.
But my guess is their waiting for the payroll.

[sebastiano]

YOu can't go to the labor board, he has to, and should. At the very least they can explain his situation and what his rights are.

[delrico]

Richard is correct....

Have your husband file a complaint with the Texas Labor Commission....

[amdt57]

Richard is correct....

Have your husband file a complaint with the Texas Labor Commission....

in CA they have to give you your check when they let you go.

if i wear him id go there, and not leave until they pay me.

[geol19]

They can hold it until the next scheduled payday.

[darrick34]

"My husband makes 7.50 and works from 38 to 53 hours a week without overtime pay,"

Totally illegal. TX is a '40-hour' State, so all hours over 40 in one week must be paid at time-and-a-half. (Under 'some' circumstances hours can be averaged over two weeks, but it's a bit complex as to when)

As to when he gets his check, from the State website....
"If the employee quits, retires, resigns, or otherwise leaves employment voluntarily, the final pay is due on the next regularly-scheduled payday following the effective date of resignation."

Richard