Opinion No.

Mrs. Mary E. Evins, C.E.C. Chairwoman Texas Private Employment Agency Regulatory Board Box 12157 Austin, Texas 78711

Re: Application of the Texas semimonthly pay law to earned commissions.

Dear Mrs. Evins:

You explain that many employees in private employment agencies are paid on a commission basis, and ask:

Are commission payments which were previously earned and are due and owing to an employee considered `wages' and therefore covered by the provisions of the Texas Semimonthly Pay Law . . .?

In pertinent part, article 5155, V.T.C.S., reads:

Every person . . . employing one (1) or more persons . .…