2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter B. Payment of Wages › Section 61.017. Delivery of Payment

Sec. 61.017.  DELIVERY OF PAYMENT.  (a)  An employer shall pay wages through a means authorized by this section.
(b)  An employer may pay wages by:
(1)  delivering them to the employee at the employee's regular place of employment during regular employment hours;
(2)  delivering them to the employee at a time and place agreed on by the employer and employee;
(3)  sending them to the employee by registered mail, to be received by the employee not later than payday;
(4)  delivering them in a manner similar to a manner specified by Subdivision (1), (2), or (3) to a person designated by the employee in writing;  or
(5)  delivering them to the employee by any reasonable means authorized by the employee in writing.
(c)  An employer may elect to pay wages to an employee who maintains at a financial institution an account that qualifies for electronic funds transfer through a direct deposit plan that uses electronic funds transfer to deposit the wages in the employee's account.  An employer who desires to pay wages through a direct deposit plan shall:
(1)  notify each affected employee in writing, at least 60 days before the date on which the direct deposit payroll system is scheduled to begin, that the employer is adopting a direct deposit payroll system;  and
(2)  obtain from the employee any information required by the financial institution in which the employee maintains the account that is necessary to implement the electronic funds transfer.
(d)  An employer may elect to pay wages to an employee through a payroll card account plan that is linked to a federally insured financial institution and uses electronic funds transfer to deposit wages in the employee's payroll card account.  An employer who elects to pay wages through a payroll card account shall:
(1)  not later than the 60th day before the date of the first electronic funds transfer to the payroll card account of an affected employee or, for an employee hired after the date the employer adopts the plan, not later than the employee's first day of work:
(A)  notify the employee in writing regarding the employer's adoption of a payroll card account plan; and
(B)  provide to the employee:
(i)  a complete list of all fees associated with the employee's payroll card account in English, or, if the employer offers a payroll card account to an employee in a language other than English, in that other language; and
(ii)  a form the employee may use to request an alternate form of payment if the employee elects to opt out of the payroll card account plan; and
(2)  obtain from the employee any information required by the payroll card account issuer that is necessary to implement the electronic funds transfer.
(e)  If an employee requests an alternate form of payment under Subsection (d)(1)(B)(ii), the employer shall pay the employee's wages in the alternate form as soon as practicable, but not later than the first payday occurring after the 30th day after the employee requests the alternate form of payment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 316, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 284 (H.B. 2240), Sec. 3, eff. September 1, 2019.