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How to Submit a Wage Claim Under Texas Payday Law

Overview

TWC administers the Texas Payday Law, which assists employees in the recovery of their unpaid wages. Wage problems often can be cleared up by discussing them with your employer. Before submitting a claim for unpaid wages, you may want to inform your employer about the Texas Payday Law.

A wage claim must be submitted no later than 180 days after the date the claimed wages originally became due for payment. If part of your unpaid wages were due within 180 days, submit a claim only for that part. Your claim should identify each type of unpaid wage claimed and how you determined the amount due. If you are owed wages by more than one employer, submit a separate wage claim for each employer.

TWC cannot investigate a wage claim if the employer filed for bankruptcy; you may need to file proof of claim directly with the Bankruptcy Court.

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How to Submit a Claim

Get a Wage Claim Form

You can file a wage claim using TWC's online system or by using a paper form that you print and mail or fax to the Wage and Hour Department. TWC encourages you to file online. Filing online is faster, safer, and the most accurate way to file your claim. The online system provides help messages and confirms essential information is provided. A benefit of filing online is that you will see immediate confirmation that TWC received your claim.  

Submit a Wage Claim Form

The deadline for submitting a wage claim is no later than 180 days after the date your claimed wages originally became due for payment.

Your claim must be signed and declared as true under penalty of perjury.

The best method for submitting a wage claim is by using the online system. You may use the online system to submit your wage claim, or print a form, complete it and mail or fax your completed form. When you submit a wage claim, you should mail or fax any information necessary to support the claim to TWC. Make sure to attach a copy of your most recent payroll check or stub.

If unable to submit your claim online, you may complete a Texas Payday Law Claim paper form and send the completed form, along with any supporting documents, by fax or mail. 

  • Texas Workforce Commission
    Wage and Hour Department
    101 E 15th St, Rm 514
    Austin, TX 78778-0001
  • Fax: 512-475-3025

If your address or phone number changes, it is your responsibility to notify the Wage and Hour Department in writing immediately. If we cannot contact you, the likelihood of collecting unpaid wages will be reduced.

Questions

If you have questions or need assistance completing your wage claim, call the TWC Wage and Hour Department at 800-832-9243 or 512-475-2670. 

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Wage Claim Process

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 along with a photocopy of the claim and any supporting documents you 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 and notifies the employee and employer by mail. If either the employee or the employer disagree with the decision, each has rights to appeal.

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Collection from Employer

Wage amounts awarded in wage claim cases are not drawn from state funds. Any monies due to an employee must be collected from the employer before they are disbursed.

If the money cannot be collected, TWC may file a lien as a permanent record of the debt owed to the employee by the employer. Any money collected on an employee’s behalf will be forwarded to the most current address on file with TWC. It is the employee’s responsibility to notify TWC in writing if his or her address or phone number changes.

For information regarding employers who have been found in violation of the Texas Payday Law and have active administrative liens of $2,000.00 or greater, please see Wage and Hour Liens.

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Appealing a Wage Claim Decision

To appeal our wage claim decision, the appealing party must send a written request within 21 days from the date of the decision notice. If you file your appeal by fax, then the appeal date is the date and time TWC received the appeal.

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Contact Information

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