Texas · Unpaid wages · Updated Oct 2026

Texas wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is Texas’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$7.25minimum wage in 2026
$2.13tipped cash wage
Nodaily overtime
Within 6 daysfinal pay if fired
180 daystime limit to file (see details)

Where to file in Texas

Wage claims in Texas go to this state office. Filing is usually free.

Office
Texas Workforce Commission (TWC), Wage and Hour Department (Texas Payday Law wage claims)
Phone
800-832-9243
Languages
Online wage claim in English and Spanish; paper wage claim form in Spanish (WH-1S)
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in Texas

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with Texas Workforce Commission

    File a Payday Law wage claim with the Texas Workforce Commission online, or fill out the paper form and send it by mail or fax (512-322-2885). List your employer's name and address, each type of unpaid pay, how you calculated it, and the dates you were not paid, and sign the declaration. TWC sends your claim to the employer (who has 14 days to respond), investigates, and mails both sides a Preliminary Wage Determination Order; either side can appeal within 21 days. Filing is free; TWC then tries to collect the money from the employer, and can use liens or bank levies.

  4. Watch the deadline

    TWC wage claim: within 180 days after the date the wages were due; this deadline is strict and late claims are dismissed (Tex. Lab. Code § 61.051(c)). Lawsuit for minimum wage under the Texas Minimum Wage Act: within 2 years after the wages were due (Tex. Lab. Code § 62.202). Federal FLSA claims: 2 years (3 if willful).

Minimum wage and overtime in Texas

Texas uses the federal minimum wage of $7.25 an hour (Tex. Lab. Code § 62.051). The state law does not cover jobs already covered by the federal FLSA, so most workers are protected by federal law at the same $7.25. State law blocks cities from setting a higher minimum wage for private jobs (§ 62.0515). No increase is scheduled.

Minimum wage (2026)
$7.25
Tipped cash wage
$2.13

Overtime

Texas has no state overtime law for private jobs. Under the federal FLSA, most hourly workers must get 1.5 times their regular pay for hours over 40 in a workweek. There is no daily overtime in Texas.

Paydays: At least twice a month for hourly and other non-exempt workers; at least once a month for workers exempt from federal overtime. If the employer does not set paydays, paydays are the 1st and 15th (Tex. Lab. Code §§ 61.011, 61.012).

Your final paycheck in Texas

If you are fired or laid off
Within 6 calendar days after you are fired or laid off.
If you quit
By the next regularly scheduled payday after you quit, with or without notice.
Law
Tex. Lab. Code § 61.014

When was your final paycheck due in Texas?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If TWC finds the employer acted in bad faith, it can add an administrative penalty of up to the amount of the wages or $1,000, whichever is less (Tex. Lab. Code § 61.053). In a minimum-wage lawsuit under the Texas Minimum Wage Act, the employer owes the unpaid wages plus an equal amount as liquidated (double) damages, plus your reasonable attorney's fees and court costs (§§ 62.201, 62.205). An employer that ignores a final TWC order must pay collection costs, including attorney's fees (§ 61.066(f)).

Retaliation and immigration status

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not hold back any part of your pay unless a court orders it, a state or federal law allows it, or you agreed in writing for a lawful purpose (Tex. Lab. Code § 61.018). Tipped workers follow the federal tip rules: the employer may pay $2.13 an hour in cash if your tips bring you up to at least $7.25 (§ 62.052; 29 U.S.C. § 203(m)).

Good to know in Texas

  • The 180-day TWC deadline is strict; if you miss it, TWC says you may still be able to file with the US Department of Labor (2-year limit) or sue in a Texas justice (small claims) court.
  • TWC cannot take claims from government workers (for example, school district employees) or claims against a close relative; file one claim per employer.
  • If you quit, your employer does not have to let you work out your notice period or pay you for it; unused vacation or sick pay is owed only if a written policy or agreement promises it.

Forms

Wage-theft calculator for Texas

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

Texas overtime rule: Texas has no state overtime law for private jobs. Under the federal FLSA, most hourly workers must get 1.5 times their regular pay for hours over 40 in a workweek. There is no daily overtime in Texas.

Penalties your employer may also owe in Texas: If TWC finds the employer acted in bad faith, it can add an administrative penalty of up to the amount of the wages or $1,000, whichever is less (Tex. Lab. Code § 61.053). In a minimum-wage lawsuit under the Texas Minimum Wage Act, the employer owes the unpaid wages plus an equal amount as liquidated (double) damages, plus your reasonable attorney's fees and court costs (§§ 62.201, 62.205). An employer that ignores a final TWC order must pay collection costs, including attorney's fees (§ 61.066(f)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and Texas’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in Texas

Where do I file a wage claim in Texas?

With Texas Workforce Commission (TWC), Wage and Hour Department (Texas Payday Law wage claims). Phone: 800-832-9243. File a Payday Law wage claim with the Texas Workforce Commission online, or fill out the paper form and send it by mail or fax (512-322-2885). List your employer's name and address, each type of unpaid pay, how you calculated it, and the dates you were not paid, and sign the declaration. TWC sends your claim to the employer (who has 14 days to respond), investigates, and mails both sides a Preliminary Wage Determination Order; either side can appeal within 21 days. Filing is free; TWC then tries to collect the money from the employer, and can use liens or bank levies.

What is the minimum wage in Texas in 2026?

Texas uses the federal minimum wage of $7.25 an hour (Tex. Lab. Code § 62.051). The state law does not cover jobs already covered by the federal FLSA, so most workers are protected by federal law at the same $7.25. State law blocks cities from setting a higher minimum wage for private jobs (§ 62.0515). No increase is scheduled.

Does Texas have daily overtime?

Texas has no state overtime law for private jobs. Under the federal FLSA, most hourly workers must get 1.5 times their regular pay for hours over 40 in a workweek. There is no daily overtime in Texas.

When is my final paycheck due in Texas if I'm fired?

Within 6 calendar days after you are fired or laid off.

When is my final paycheck due in Texas if I quit?

By the next regularly scheduled payday after you quit, with or without notice.

How long do I have to file a wage claim in Texas?

TWC wage claim: within 180 days after the date the wages were due; this deadline is strict and late claims are dismissed (Tex. Lab. Code § 61.051(c)). Lawsuit for minimum wage under the Texas Minimum Wage Act: within 2 years after the wages were due (Tex. Lab. Code § 62.202). Federal FLSA claims: 2 years (3 if willful).

What can my employer owe besides my wages in Texas?

If TWC finds the employer acted in bad faith, it can add an administrative penalty of up to the amount of the wages or $1,000, whichever is less (Tex. Lab. Code § 61.053). In a minimum-wage lawsuit under the Texas Minimum Wage Act, the employer owes the unpaid wages plus an equal amount as liquidated (double) damages, plus your reasonable attorney's fees and court costs (§§ 62.201, 62.205). An employer that ignores a final TWC order must pay collection costs, including attorney's fees (§ 61.066(f)).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in Texas
Sources

Last checked: Oct 2026.

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