How to Respond to a Wage Claim Under Texas Payday Law

TWC administers the Texas Payday Law, which allows for the investigation of an employee’s claim of unpaid wages. Wage problems often can be cleared up by discussing them with your employee.

An employee can submit a wage claim up to 180 days after the date the claimed wages originally became due for payment. If part of the employee’s unpaid wages were due within 180 days, a claim can be submitted for only that part.

TWC takes the following steps on a wage claim:

• When we receive a wage claim, we mail an acknowledgement letter to the employee making the claim. The acknowledgement letter provides a brief overview of the wage claim process and notice of receipt of a claim.
• We notify the employer by mail that a wage claim was filed and request a response from the employer. We send the employer an employer response form with a photocopy of the claim and any attachments submitted.
• Once the wage claim investigation begins, an investigator may contact either party for additional information as needed.
• Based on the investigation, TWC makes a decision in the case in the form of a Preliminary Wage Determination Order and notifies the employee and employer by mail. If either the employee or the employer disagrees with the decision, each has rights to appeal.

TWC's Wage and Hour Collections Unit takes collection action on Preliminary Wage Determination Orders and appeal decisions once those rulings have become final. Collection authority is established under the Texas Payday Law and Payday Rules. Wage and Hour Collections staff do not have the authority to alter wage claim rulings.  If an employer did not receive notice of a ruling, disagrees with that ruling and did not get an opportunity to appeal that ruling, the employer may request an appeal as noted above.