The employee may make a wage complaint with Texas Workforce Solutions. They should investigate the report, and may review the employee's formula and check to see if other employees are having similar issues. It may turn out that the formula is intentionally unfair.
However, due to the nature of the work and shifts, it is difficult for the state to verify the length of shifts or whether employees are accurately reporting their hours worked. If it turns out that the problem is isolated -- that is, that other workers find that the formula does not decrease their reported hours worked -- the state may not be able to do much for the employee who is making the complaint. Even if they do require payment to the employee, the employee may ultimately be terminated for being less productive than other workers. If the problem is with that employee's individual productivity, the best solution is likely for the employee to start looking for other jobs.

