40 Tex. Admin. Code § 821.27 - Loans

(a) An employer must comply with §61.018 of the Act and this chapter to recoup a loan the employer made to an employee, unless the loan is an advance under §821.29.

(b) In recouping a loan made to an employee, an employer may count the loan repayment toward any applicable minimum or overtime wages the employer is obligated to pay to the employee.

(c) In recouping a loan made to an employee from any of the employee's paychecks, including the employee's final paycheck, the employer may not withhold or divert more than the agreed amount. The agreed amount is the amount:

(1) identified as the amount to be withheld from any one paycheck in the written loan agreement between the employer and employee; or

(2) otherwise authorized in writing by the employee for repayment of the loan.

Notes

40 Tex. Admin. Code § 821.27

The provisions of this §821.27 adopted to be effective June 1, 1998, 23 TexReg 5732; amended to be effective September 20, 2010, 35 TexReg 8506