Texas Final Paycheck Laws: 6-Day Deadline, the 180-Day TWC Claim, and the Felony Wage-Theft Law

Texas gives an employer just 6 calendar days to pay a fired worker's final wages, under Texas Labor Code § 61.014(a). A worker who quits is instead paid on the next regularly scheduled payday. Missing the deadline can expose an employer to a felony wage-theft charge, and a worker who wants to pursue a Texas Workforce Commission wage claim faces a hard 180-day jurisdictional filing window.

Information last verified on 2026-08-12. This article has not yet been reviewed by a licensed lawyer.

When Is Your Final Paycheck Due in Texas?

Under Texas Labor Code § 61.014(a), an employer must pay in full an employee discharged from employment no later than the sixth day after the discharge date. Chapter 61 defines "day" as a calendar day, not a business day, so the 6-day window runs continuously, including weekends. The Texas Workforce Commission's own guidebook confirms the same figure: "the final pay is due within six (6) calendar days of discharge."

A worker who leaves employment other than by discharge, meaning a voluntary quit, is instead paid no later than the next regularly scheduled payday under § 61.014(b). There is no acceleration for a quit regardless of how much notice was given.

Texas's Wage-Theft Penalty Is Criminal, Not Civil, and It Is Felony-Only

Most states in this cluster use a civil "waiting-time" or liquidated-damages penalty. Texas doesn't. Instead, Labor Code § 61.019 creates a criminal offense: an employer commits an offense if, either at hiring or while continuing to employ a worker, the employer intends to avoid paying wages owed and fails to pay after a demand is made. Each pay period of continued nonpayment under that intent is charged as a separate offense, and the statute classifies the offense as a felony of the third degree.

"An employer commits an offense if: (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and (2) the employer fails after demand to pay those wages... An offense under this section is a felony of the third degree."

There is no misdemeanor tier. A claim circulating in AI-search-synthesized results, that small unpaid amounts or first offenses fall under a lesser misdemeanor charge, does not hold up against the statute's actual text: § 61.019 sets a flat third-degree felony once intent-to-avoid-payment, demand, and nonpayment are established, with no dollar threshold and no lesser tier. Two separate enforcement powers sit alongside the criminal charge, and they belong to different agencies. Under § 61.020, the attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages. Under § 61.031(a), it is the Texas Workforce Commission, not the attorney general, that may require an employer to deposit a bond, and only in two situations: the employer is convicted of two violations of Chapter 61, or a final Commission order for nonpayment of wages remains unsatisfied after the 10th day following the expiration of the time to appeal that order, with no appeal pending.

Watch out: The criminal charge is prosecuted by the state, not filed by the worker. If you're owed final wages, your actual remedy is the civil administrative process below, the Texas Workforce Commission wage claim, not a criminal complaint you file yourself.

The TWC Wage Claim Process and the 180-Day Deadline

The Texas Workforce Commission's Wage and Hour Department is the channel an individual worker actually uses to recover unpaid wages. Unlike the U.S. Department of Labor, the TWC does not proactively audit employers; the entire system is claim-driven, meaning nothing happens until a worker files.

The filing deadline is 180 days after the date the wages became due, and this deadline is jurisdictional, not just a limitations period a party can waive:

"A wage claim must be filed not later than the 180th day after the date the wages claimed became due for payment. The 180-day deadline is a matter of jurisdiction." (Labor Code § 61.051(c))

"If a wage claim is filed later than the date described by Section 61.051(c), the examiner shall dismiss the wage claim for lack of jurisdiction." (Labor Code § 61.052(b-1))

That distinction matters. An ordinary statute of limitations can sometimes be tolled, waived, or argued around. A jurisdictional deadline generally cannot; a late TWC claim is simply thrown out, regardless of the merits of the underlying wage claim.

The process itself: file a signed wage-claim form, the employer then has 14 calendar days to respond, TWC issues a Preliminary Wage Determination Order, either side can appeal within 21 calendar days to an appeal tribunal, a further appeal goes to the three-member Commission, and judicial review is available within 30 days of a final order.

Texas Final Paycheck Deadlines at a Glance

What Counts as "Wages" in a Texas Final Paycheck

Your final paycheck has to reflect every hour actually worked, at no less than the applicable minimum wage, plus any overtime owed. Texas does not set its own state minimum wage above the federal floor of $7.25 per hour, so federal law controls the wage floor for most private-sector Texas workers, and overtime is owed at one and one-half times the regular rate after 40 hours in a workweek under the federal Fair Labor Standards Act. If your final pay period included unpaid overtime or a shortfall below minimum wage, that is a distinct problem from a late final paycheck, and it can be raised in the same TWC wage claim.

Severance Pay and Mass Layoffs in Texas

Texas has no state law requiring severance pay, and neither does federal law; the U.S. Department of Labor is explicit that severance "is a matter of agreement between an employer and an employee," not an entitlement under the Fair Labor Standards Act. If your Texas employer has a written severance plan or policy, failing to pay it can become a benefits claim under federal ERISA law rather than a wage claim.

The one federal backstop that can matter for a large Texas layoff is the WARN Act, which requires an employer with 100 or more employees to give 60 calendar days' written notice before a plant closing or a mass layoff affecting 50 or more workers at one site. If your employer skips that notice, it can owe back pay and benefits for the shortfall period, capped at 60 days, recoverable only through a private federal lawsuit; the Department of Labor does not enforce WARN violations itself. WARN pay is separate from, and in addition to, your ordinary final paycheck under Texas Labor Code § 61.014.

Can Your Texas Employer Withhold Your Paycheck for Company Property?

No. This is a myth the Texas Workforce Commission directly refutes in its own guidance. Labor Code § 61.018 limits deductions to three narrow categories: a court order, authorization under state or federal law, or the employee's own written authorization for a lawful purpose.

"It is not legal to hold a final paycheck past the deadline for reasons such as failure to return company property, failure to sign timesheets, or similar problems."

An employer's actual remedy for unreturned property is a written-authorized deduction agreed to in advance, or a separate legal action against the employee, not withholding the whole final paycheck past the 6-day deadline.

Does Texas Require PTO or Vacation Payout at Separation?

No general statute requires it. Under the Texas Payday Law, accrued leave is only "wages" payable at separation if a written employer policy or agreement promises the payout.

"Payouts of accrued leave are required under the Texas Payday Law only if such a payment is promised by the employer in a written policy or agreement. The payout would be controlled by the wording of the policy or agreement. If no such policy exists, the company would not owe such a payment."

Because of that, a Texas employer can lawfully write a forfeiture or use-it-or-lose-it clause into its vacation policy, and the TWC itself publishes a sample forfeiture policy for employers to adapt. If your employer's handbook is silent on vacation payout entirely, nothing is owed at separation.

Related Texas Employment Resources

• Texas At-Will Employment Laws
• Texas Whistleblower Laws
• Texas Statute of Limitations
• Texas Debt Collection Laws
• How to Stop Wage Garnishment
• Texas Unclaimed Property
• Texas Bankruptcy Laws
• Final Paycheck Laws by State
• Unpaid Wages: How to File a Complaint
• Can an Employer Withhold Your Paycheck?
• PTO Payout Laws by State

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Last updated: 2026-08-12.

More Texas Laws

• Texas At-Will Employment Laws
• Texas Debt Collection Laws
• Texas Statute of Limitations
• Texas Whistleblower Laws

Frequently Asked Questions

How many days does an employer have to give you your last paycheck in Texas?

6 calendar days after discharge, under Texas Labor Code § 61.014(a), which statutorily defines "day" as a calendar day. A worker who quits is paid on the next regularly scheduled payday instead.

Is unpaid wages a misdemeanor or a felony in Texas?

It's a felony. Texas Labor Code § 61.019 makes willful wage theft, intent to avoid payment plus demand plus nonpayment, a third-degree felony, with each pay period a separate offense. There is no misdemeanor tier, despite a claim to the contrary circulating online.

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

180 days after the wages became due for payment. The Texas Workforce Commission treats this deadline as jurisdictional, meaning a late claim is dismissed outright rather than merely disadvantaged.

Can my Texas employer withhold my last paycheck if I don't return my laptop?

No. The Texas Workforce Commission's own guidance states it is not legal to hold a final paycheck for unreturned company property or an unsigned timesheet. Labor Code § 61.018 only allows a court-ordered, legally required, or written-authorized deduction.

Does Texas require employers to pay out unused PTO or vacation?

No, unless your employer's own written policy or agreement promises the payout. Without a written policy, the Texas Payday Law does not require it, and employers may lawfully write in a forfeiture clause.

Who enforces Texas's final paycheck law?

The Texas Workforce Commission's Wage and Hour Department handles individual wage claims. The felony wage-theft charge under § 61.019 is separately prosecuted by the state, not filed by the employee.

What is a Preliminary Wage Determination Order in Texas?

It's the TWC's initial ruling on a filed wage claim, issued after the employer has 14 calendar days to respond. Either party can appeal it within 21 calendar days to an appeal tribunal, then further to the three-member Commission.