Wage Claim
A sworn statement filed with the Texas Workforce Commission by an employee seeking recovery of unpaid wages under the Texas Payday Law. Administrative alternative to a private civil lawsuit, with no filing fees and TWC investigation and collection assistance.
A wage claim is a sworn statement filed with the Texas Workforce Commission by an employee seeking recovery of unpaid wages under the Texas Payday Law. The TWC wage-claim process is an administrative alternative to a private civil lawsuit, available without filing fees and with TWC investigation and collection assistance.
Filing requirements
Under § 61.051, a wage claim must be (1) in writing on a TWC-prescribed form; (2) verified (signed under penalty of perjury); and (3) filed within 180 days after the date the wages became due. The 180-day deadline is jurisdictional, claims filed later are barred from the TWC process (though private civil claims may survive under longer limitations periods).
TWC procedure
A TWC examiner analyzes the claim and, if it alleges facts actionable under the Payday Law, investigates it. § 61.052. TWC then issues a Preliminary Wage Determination Order, either dismissing the claim or ordering payment. Either party may request a hearing before a wage claim appeal tribunal within 21 days after the order is mailed (§ 61.054), then seek Commission review, and then sue within 30 days after the final order is mailed, generally in the county of the claimant's residence (§ 61.062). If no hearing is requested, the preliminary order becomes final and cannot be reviewed in court (§ 61.055).
Remedies
An order to pay unpaid wages. If the employer acted in bad faith, TWC may also assess an administrative penalty of up to the lesser of the wages claimed or $1,000 (§ 61.053), and it may assess the same penalty against an employee who files a claim in bad faith. A final commission order against the employer, unless timely appealed to a court, is a lien on all of the employer's property (§ 61.081). Under § 61.019, an employer that intends to avoid paying wages and fails to pay after demand commits a third-degree felony.
Alternatives
An employee may instead pursue: (1) a private civil suit for breach of contract or unjust enrichment (longer limitations period); (2) an FLSA complaint to the U.S. Department of Labor, or an FLSA suit, for minimum wage or overtime violations (two-year statute of limitations, three years for willful violations); (3) if the employer is in bankruptcy, a proof of claim in the bankruptcy court.
TWC has collection tools, including liens and levies (Tex. Lab. Code §§ 61.081, 61.093). The 180-day deadline is jurisdictional, and the examiner must dismiss a late claim (§ 61.052(b-1)). Overtime and minimum-wage issues may also support an FLSA claim.