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I've been trying to find this answer for a minute, my question is in Texas is it illegal for my employer to pay two separate wages on the same stub? Example I have a CDL Class A they're giving me one wage while driving the CDL Vehicles then ask me to work another day not on the required CDL license truck and pay me a lower wage driving the other vehicle. Is that legal or illegal in Texas

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    Just to be clear, you're doing two kinds of work, and they're paying you a different hourly wage for the two kinds of work, and the two kinds of work are (1) driving a truck that requires a commercial driver's license and (2) driving a truck that doesn't require a commercial driver's license. Is that right? Whether it's legal or not, you certainly have a point that you're a qualified commercial driver even when you're driving the other truck. But then again, could they hire someone else without a CDL to drive the other truck instead of you?
    – phoog
    May 27 at 15:34
  • Am I doing two different kinds of work? Yes and no it's literally the same job the only difference is one vehicle a CDL with an air brake endorsement is required. As for the two comments yes and yes, I am driving one truck that requires a CDL and an air brake endorsement. And yes they can hire somebody else to drive the other truck that doesn't require the CDL.
    – Adam Dv
    May 27 at 16:16
  • Yes they can, they can also pay hazard pay, overtime, unscheduled, night shift differential and many other types of different pay.
    – jmoreno
    May 27 at 18:12
  • Well yeah, I realize that driving one truck isn't much different from driving the other. I mainly wanted to call attention to the "yes and no" nature of the difference.
    – phoog
    May 27 at 18:20

2 Answers 2

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First, Texas law requires the employer to give a written earnings statement to any employee which reports the rate of pay, the total amount of pay, deductions, and hours worked if the job is paid at an hourly rate. The law also says that an earnings statement may be in any form determined by the employer. Second, there is no law requiring there to be a single earnings statement or a combined statement, in case a person is paid at different rates, the requirement is simply that the information must be provided. It is legal to hire a person to work at different rates, as long as they have some mechanism for tracking what a person is doing. It is required that they pay you a different rate for working more than a certain number of hours, which will therefore be reflected in the earnings statement.

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  • All right then, I only ask if it was legal for illegal because to me it just didn't seem right. They are doing the separation in pay almost solely on my overtime pay. Meaning instead of getting pretty much an entire day of overtime pay on my CDL rate, they're giving me the overtime pay for the non CDL rate.
    – Adam Dv
    May 27 at 20:28
  • @AdamDv OT rate is on the specific hours worked after 40.
    – Tiger Guy
    May 27 at 20:34
  • For example, drive CDL for 30 hours, then drive 20 hours regular driving: 10 hours at the regular driving rate. Drive 20 hours at the regular rate and then 30 hours CDL: 10 hours at the CDL rate.
    – user6726
    May 27 at 20:38
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    I understand that but no they pretty much took all the overtime from the CDL rate away and added it to the normal rate
    – Adam Dv
    May 27 at 21:55
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    @AdamDv, but which truck were you driving during the overtime?
    – Michael Hall
    May 30 at 15:37
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Yes. Very legal. As a bartender I get paid 5 dollars an hour in Texas. As a server, I got paid 2.14 an hour. When I was shift manager, I got paid 15 dollars an hour. I could, and often did all 3 of those roles in one pay period, hell even one day. Different roles, different training, different certifications. Only area I see something being illegal is if it’s discriminatory based on a demographic, class or group as opposed to a certification or qualification. Like if a bilingual call center employee got paid less for the hours they were on the phone with Spanish got got paid higher when helping English speaking customers, then that would be egregiously illegal.

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