If an employer does not pay all the wages owed to an employee in a timely manner, the employee can file a wage claim with TWC. More information about the wage claim process and an electronic copy of the wage claim form is available on TWC’s Texas Payday Law - Wage Claim webpage.
The Texas Labor Law Code cannot advise you on whether to deposit or cash your check. If you are seeking legal advice on this matter, you may want to consult with an attorney.
Once you complete the form, you can fax it to 512-475-3025. A wage claim must be filed within 180 days of when payment was due. You can you contact TWC’s Wage and Hour Department at
800-832-9243 for further assistance.
A complaint can also be filed with the U.S. Department of Labor’s Wage & Hour Division (DOL). A complaint with DOL differs from a wage claim filed with TWC in that it covers up to two years and all complaints are kept confidential.
In addition, DOL has the authority to investigate the employer’s entire payroll procedures for all employees, while a wage claim with TWC covers only the individual who files the wage claim. The DOL Wage & Hour Division can provide you with information as to what sorts of claims or complaints they accept and how their process works. They can be reached at 866-487-9243. They also have a webpage with information that might be helpful at United States Department of Labor.
You can also contact an attorney to pursue other legal recourse. If you need help finding an attorney, you can contact the State Bar of Texas’ Lawyer Referral & Information Service at 800-252-9690.