Dealing With Unpaid Wages in Texas
My employer hasn't paid me — here's what Texas law says and what to do next.
Statute: Tex. Lab. Code § 61.014
Deadline: 6 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and court costs. The Texas Workforce Commission may also assess administrative penalties
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Texas differs from federal law
Texas follows the federal minimum wage with no additional state protections:
- State minimum wage: $7.25/hr — same as the federal rate. Texas has not enacted a higher state minimum wage.
- Tipped employees: $2.13/hr base wage with a $5.12/hr tip credit. Total compensation must reach $7.25/hr; if it doesn't, the employer must make up the difference.
- No local minimum wages: Texas state law preempts cities and counties from setting their own minimum wage rates. Several Texas cities have attempted to pass higher minimum wages, but these have been blocked.
- No scheduled increases: Unlike California and New York, Texas has no mechanism for automatic minimum wage increases.
Additional steps in Texas
File a wage complaint with the Texas Workforce Commission at twc.texas.gov or call (800) 832-9243.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
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Generate your unpaid wages →This page is general legal information for Texas, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Texas.