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Texas Workforce Commission wage claim: 180-day deadline
If a Texas employer has not paid wages you believe are due, the Texas Payday Law provides a Texas Workforce Commission wage-claim process. The claim generally must be filed no later than the 180th day after the wages became due, and TWC treats that deadline as jurisdictional.
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What to know
- Texas Labor Code §61.051(c) requires a Texas Payday Law wage claim to be filed no later than the 180th day after the date the wages claimed became due for payment; TWC describes this as a jurisdictional deadline.
- For final regular wages, TWC states that an involuntarily separated employee generally must be paid no later than the sixth calendar day after discharge, while an employee who leaves voluntarily is generally due final regular wages on the next regularly scheduled payday.
- Commission, bonus and fringe-benefit timing can depend on the applicable written agreement or policy, so those amounts should not automatically be assigned the ordinary final-wage deadline.
What to do next
- 1Collect pay stubs, time records, policies and pay messages.
- 2Identify each amount claimed and the date it became due; the TWC 180-day filing period runs from when the particular wages were due for payment.
- 3Check the 180-day TWC deadline immediately and do not assume it is the only possible legal time limit or remedy.
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Is there a Texas labor board for unpaid wages?
Workers sometimes search for a “Texas labor board” or “Texas Department of Labor,” but Texas Payday Law wage claims are administered by the Texas Workforce Commission (TWC). Federal minimum-wage or overtime issues may also involve the U.S. Department of Labor, so identify which law and agency fit the problem before filing.
How long do you have to file a Texas wage claim?
Texas Labor Code §61.051(c) requires a Texas Payday Law wage claim to be filed no later than the 180th day after the wages became due for payment. TWC treats that deadline as jurisdictional, so a late TWC claim can be dismissed even if the worker believes wages are still owed.
How do you file with the Texas Workforce Commission?
TWC accepts wage claims through its official wage-claim process. The claim should identify the employer, the pay agreement, each type of unpaid wage and how the amount was calculated. TWC materials say the claim must be signed and complete before the agency can investigate it.
What evidence should you keep?
Keep pay stubs, timesheets, schedules, commission or bonus terms, written wage agreements, bank records and messages about pay. TWC also asks claimants to explain each type of unpaid wage and attach supporting payroll information when available.
When is final pay due in Texas?
TWC states that an employee who is discharged is generally due final regular wages no later than the sixth calendar day after discharge. An employee who leaves for another reason is generally due final regular wages by the next regularly scheduled payday. Commissions, bonuses and benefits can depend on the written agreement or policy.
What happens after filing a TWC wage claim, and how do you follow the status?
TWC opens a claim file, notifies the employer and gives the employer an opportunity to respond; TWC guidance says the employer is asked to respond within 14 calendar days. An investigator then reviews the claim, contacts the parties as needed and can request more documents. The investigator issues a written Preliminary Wage Determination Order. That order generally becomes final unless the losing party appeals in writing within 21 calendar days of the date TWC mailed it. Keep your claim correspondence and contact details current because TWC communicates important status and appeal information through the claim process.
What can change the answer
The result can depend on the exact transaction or relationship, dates, written terms, notices already sent or received, the identity of the other party, the amount involved and whether a regulator, court or tribunal process has already started. Preserve the original documents rather than relying only on summaries or screenshots.
Evidence to keep together
Keep contracts, receipts, invoices, account statements, advertisements, photographs, messages, emails, letters, notices, payment records and a short chronology of what happened. If a formal document contains a response or hearing date, record that date separately and verify the procedure with the cited official authority.
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CITED OFFICIAL AUTHORITIES
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These links go to government, regulator, court or primary-law sources used to ground this guide. Check the source before acting because laws and procedures can change.