Texas does not have a standalone labor board. The agency that fills that role is the Texas Workforce Commission (TWC), which handles unpaid wage claims, unemployment benefits, and workplace discrimination complaints under the Texas Labor Code. Where you file, and how long you have to do it, depends on the problem.
The TWC runs several programs that matter to workers: the Texas Payday Law wage-claim process, unemployment insurance, and the Civil Rights Division for discrimination. Each has its own form, its own deadline, and its own appeal track. Deadlines are strict. Missing one by a day can end a claim.
Unpaid Wages: What the Texas Payday Law Covers
The Texas Payday Law sits in Chapter 61 of the Texas Labor Code. It defines wages as compensation calculated by time, task, piece rate, or commission, plus vacation pay, holiday pay, sick leave, parental leave, or severance pay — but only when those fringe benefits are promised in a written agreement or written employer policy.1State of Texas. Texas Labor Code LAB 61.001 – Definitions A verbal promise of vacation pay won’t get you anywhere with the TWC.
Final paycheck rules are firm. If your employer fires you, your final pay is due within six calendar days of the termination.2State of Texas. Texas Labor Code LAB 61.014 – Payment After Termination of Employment If you quit, the final check is due by the next regularly scheduled payday.3Texas Workforce Commission. Texas Payday Law – Wage Claim
Deductions are limited. Your employer cannot take money from your paycheck unless a court ordered the deduction, a state or federal law authorizes it, or you gave written permission for a specific lawful deduction.4State of Texas. Texas Labor Code LAB 61.018 – Deduction From Wages If pay was docked for a uniform, a cash-register shortage, or breakage without your written authorization, that deduction likely violated the law.
One boundary to know before you file: the Payday Law protects employees, not independent contractors. If you signed a contractor agreement, the TWC will probably dismiss your claim, even if you believe you were misclassified. Misclassification disputes typically go to the U.S. Department of Labor instead, which applies a federal test that looks at how much control the hiring company has over your work and whether you have a real opportunity to profit or lose money.5U.S. Department of Labor. Overtime Pay
How to File a Wage Claim with the TWC
Wage claims use the WH-1 form. You can submit it through the TWC’s online Labor Law Wage Claim portal, or download it and send it by fax or mail.3Texas Workforce Commission. Texas Payday Law – Wage Claim
The deadline is 180 days from the date the wages were originally due. The clock stops when the TWC receives your claim, not when you mail it, so don’t cut it close.3Texas Workforce Commission. Texas Payday Law – Wage Claim If some unpaid wages fell due more than 180 days ago and others within the window, file for the portion still inside the deadline.
The form asks for the employer’s full legal name and physical address, your employment dates, the gross amount owed, and the date those wages were originally due. Identify any deductions you believe were improper. Attach supporting records: pay stubs, timesheets, employment contracts, or any written policy that promised the compensation you’re claiming. Federal law requires employers to keep payroll records for at least three years, including hours worked, pay rates, and deductions.6U.S. Department of Labor. Fact Sheet #21 – Recordkeeping Requirements Under the Fair Labor Standards Act Keep your own copies anyway. Workers who walk in with organized records get faster resolutions.
After you file, the TWC acknowledges the claim and contacts the employer. A commission examiner investigates and issues a Preliminary Wage Determination Order stating whether wages are owed and how much. If the employer finds and withholds wages in bad faith, additional administrative penalties can apply, and the TWC can place a lien on the employer’s property to collect.
Intentional wage theft is also a third-degree felony under the Labor Code when an employer hires someone intending not to pay, or deliberately withholds pay after a demand for payment, with each pay period counted as a separate offense.7State of Texas. Texas Labor Code LAB 61.019 Criminal prosecution is uncommon. The administrative process is the realistic path.
Appealing a Wage Decision
Either side can appeal the Preliminary Wage Determination Order. The appeal must be in writing and received within 21 calendar days from the date the TWC mailed the order.8State of Texas. Texas Labor Code LAB 61.054 – Request for Hearing on Preliminary Order Miss that window and the order becomes final and enforceable.
Appeals can go in online, by mail, by fax, or in person at a Workforce Solutions office. After filing, expect six to eight weeks for a hearing information packet.9Texas Workforce Commission. Texas Payday Wage Claim Appeals A Special Hearings Officer runs a formal proceeding where both sides present evidence, and the officer’s decision can be appealed further to the full commission.
When Your Complaint Belongs with the Federal Government
Several situations push wage complaints out of the TWC’s hands. If your employer has filed for bankruptcy, the TWC cannot investigate, and you’d pursue the wages through the bankruptcy court. If you work for a federal, state, or local government agency, including school districts, the U.S. Department of Labor’s Wage and Hour Division may be the correct place to go.3Texas Workforce Commission. Texas Payday Law – Wage Claim
The federal route also gives you more time. A claim under the Fair Labor Standards Act can be filed within two years of the violation, or three years if the violation was willful.10Office of the Law Revision Counsel. 29 USC 255 – Statute of Limitations If you missed the 180-day TWC deadline, a federal minimum wage or overtime claim may still be available.
Texas has no state minimum wage above the federal floor. The federal minimum of $7.25 per hour applies statewide. Non-exempt employees who work more than 40 hours in a single workweek are entitled to overtime at one-and-a-half times their regular rate.5U.S. Department of Labor. Overtime Pay Overtime is calculated on a workweek basis, so an employer cannot average hours across two weeks to avoid paying it. Salaried employees may be exempt from overtime if they earn at least $35,568 per year ($684 per week) and perform executive, administrative, or professional duties. Being paid a salary alone does not make you exempt; the job duties matter as much as the pay level.
Discrimination Complaints: The Civil Rights Division
The TWC’s Civil Rights Division investigates workplace discrimination. If you believe your employer treated you differently because of race, color, national origin, religion, sex, age, disability, or genetic information, you can file with this division. The deadline is 180 days from the discriminatory act, or 300 days for complaints involving sexual harassment.11Texas Workforce Commission. Chapter 819 – Civil Rights Division Rules
The division and the federal Equal Employment Opportunity Commission (EEOC) have a work-sharing agreement, so filing with one generally satisfies the filing requirement for both. If you file with the EEOC first, the date the EEOC receives your complaint counts for the state deadline too.11Texas Workforce Commission. Chapter 819 – Civil Rights Division Rules After investigating, the division either tries to resolve the complaint through mediation or issues a right-to-sue letter that lets you take the case to court.
Unemployment Benefits
The TWC also administers Texas unemployment insurance. If you lost your job through no fault of your own, including a layoff, position elimination, or reduced hours, you can apply through the Unemployment Benefits Services portal.12Texas Workforce Commission. Unemployment Benefits Program
Eligibility turns on three things: your past wages, why you left the job, and whether you’re actively looking for new work. Your base period is the first four of the last five completed calendar quarters. You need wages in more than one quarter of that period, and your total base period wages must equal at least 37 times your weekly benefit amount.13Texas Workforce Commission. Eligibility and Benefit Amounts
The reason you left matters. Layoffs are the clearest path to approval. If you were fired, you may still qualify as long as the termination wasn’t for misconduct. Quitting generally disqualifies you, with exceptions for documented situations like medical necessity, caring for a seriously ill family member, domestic violence, or relocating with a military spouse.13Texas Workforce Commission. Eligibility and Benefit Amounts While collecting benefits, you must register with WorkInTexas.com within three days of applying and complete a weekly work search.
You Cannot Be Retaliated Against for Filing
Federal law makes it illegal for an employer to fire you or punish you for filing a wage complaint, participating in an investigation, or asking about your pay rights.14Office of the Law Revision Counsel. 29 USC 215 – Prohibited Acts Retaliation isn’t limited to termination. Cutting your hours, sending you home without pay, reassigning you to worse shifts, or threatening you can all qualify if the action would discourage a reasonable worker from exercising their rights.15U.S. Department of Labor. Retaliation
If an employer retaliates, you can file with the Department of Labor’s Wage and Hour Division or bring a private lawsuit. Remedies include reinstatement, back pay, and an equal amount in liquidated damages, meaning the recovery can be double your lost pay.16U.S. Department of Labor. Fact Sheet #77A – Prohibiting Retaliation Under the Fair Labor Standards Act Employers who retaliate often end up paying far more than the original unpaid wages.