In your state
Unpaid wages or overtime in Texas: how to file a wage claim, and the 180-day deadline
Key points
- Who
- Employees in Texas whose wages, including overtime, were not paid when due.
- Deadline
- A Texas wage claim must be filed no later than 180 days after the wages were due. TWC counts the day it receives the claim.
- Official
- File a Payday Law wage claim with the Texas Workforce Commission, online or on paper.
- Older
- The Texas claim covers only the last 180 days; older violations may still be claimed under federal law.
In Texas the clock is short. A wage claim under the Texas Payday Law has to reach the Texas Workforce Commission no later than 180 days after the date the wages were originally due. The deadline is a matter of jurisdiction, and TWC uses the date it receives the claim.
For overtime, Texas relies on the federal rule: time and a half after 40 hours in a workweek for covered, non-exempt employees. Violations older than 180 days can still be raised under the federal Fair Labor Standards Act, which has its own, longer deadlines.
Texas compared with federal law
| Rule | Federal (FLSA) | Texas |
|---|---|---|
| Overtime | 1.5× after 40 hours in a workweek | Follows the federal rule |
| Where to complain | U.S. Department of Labor | Texas Workforce Commission (Payday Law wage claim) |
| Deadline | 2 years, 3 if willful | 180 days after the wages were due |
| How the deadline is counted | From when the violation happened | The date TWC receives the claim |
Both routes can matter: the Texas claim is quick but covers only the last 180 days, and the federal route reaches further back.
How to file a Texas wage claim, step by step
- Work out the due dates. For each unpaid paycheck, note the day it was due. The 180 days run from there.
- Gather your records. Pay stubs, your own notes of hours worked, schedules and messages about your pay.
- File with the Texas Workforce Commission. Online or on the paper wage claim form. File early: TWC counts the day it receives the claim.
- Keep a copy. Keep a copy of the claim and proof of the date it was sent or submitted.
Can I handle this on my own, or do I need a lawyer?
Many workers file a Texas wage claim on their own. If a lot of money is at stake, some wages are older than 180 days, or you were fired or punished for complaining, talk to an employment lawyer or a legal aid office.
Common questions
How long do I have to file a wage claim in Texas?
No later than 180 days after the date the wages were originally due. The Texas Workforce Commission uses the date it receives the claim.
Does Texas have its own overtime rule?
Texas relies on the federal rule: time and a half after 40 hours in a workweek for covered, non-exempt employees.
What if my unpaid wages are older than 180 days?
They fall outside the Texas claim, but the federal Fair Labor Standards Act can still apply, with its own deadlines.
Official sources
The federal rule for every state: Unpaid overtime and wages: your rights
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.