TWC administers the Texas Payday Law, which allows for the investigation of an employee’s claim of unpaid wages. Wage problems often can be cleared up by discussing them with your employee.
An employee can submit a wage claim up to 180 days after the date the claimed wages originally became due for payment. If part of the employee’s unpaid wages were due within 180 days, a claim can be submitted for only that part.
How to Respond to a Wage Claim
After we receive a wage claim, we will mail you a copy of the wage claim along with an Employer Response to Wage Claimform. That form provides important information about your responsibilities as an employer.
Submit your response no later than 14 days after the date the response form was mailed to you.
Mail or fax your completed response form, along with any information necessary to support the response.
Texas Workforce Commission
Labor Law Section
101 E 15th Street, Rm 124T
Austin, Texas 78778-0001
If your address or phone number changes, it is your responsibility to notify Labor Law in writing immediately.
If you have questions regarding the wage claim process, call the TWC Labor Law Section at 800-832-9243 or 512-475-2670.
Wage Claim Investigation 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 with a photocopy of the claim and any attachments 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 in the form of a Preliminary Wage Determination Order and notifies the employee and employer by mail. If either the employee or the employer disagrees with the decision, each has rights to appeal.
Appealing a Wage Claim Decision
To appeal our wage claim decision, the appealing party must send a written request or submit an appeal online within 21 days from the date of the Preliminary Wage Determination Order decision notice. If you submit your appeal by fax, then the appeal date is the date and time TWC received the appeal.
TWC‘s Labor Law Collections Unit takes collection action on Preliminary Wage Determination Orders and appeal decisions once those rulings have become final. Collection authority is established under the Texas Payday Law and Payday Rules. Labor Law Collections staff do not have the authority to alter wage claim rulings. If an employer did not receive notice of a ruling, disagrees with that ruling and did not get an opportunity to appeal that ruling, the employer may request an appeal as noted above.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.