(a) A wage advance occurs when an employer advances to an employee a monetary sum that represents wages not yet earned, or wages that have been earned but are not yet due for payment.
(b) An employer may recoup the wage advance from the employee's next regularly scheduled paycheck directly following the advance if:
  (1) the employer provides the employee with notice that the amount is an advance that will be recovered from the next paycheck; and
  (2) the employee agrees to the amount to be recouped.
(c) If the wage advance is not recouped in the next regularly scheduled paycheck following the advance, the employer shall comply with §61.018 of the Act.

Source Note: The provisions of this §821.29 adopted to be effective September 20, 2010, 35 TexReg 8506