Texas Payday Law
The primary Texas state statute (Tex. Lab. Code Chapter 61) governing the timing, frequency, and method of wage payment by Texas employers. Establishes pay-frequency requirements, regulates deductions, sets final-paycheck timing, and provides a TWC wage-claim mechanism with treble-damages liability for willful nonpayment.
The Texas Payday Law, codified at Tex. Lab. Code Chapter 61, is the primary state statute governing the timing, frequency, and method of wage payment by Texas employers. It establishes pay-frequency requirements, regulates permissible deductions from wages, sets timing requirements for final paychecks at separation, and provides an administrative wage-claim mechanism through the Texas Workforce Commission with treble-damages liability for willful nonpayment.
Pay frequency
Non-exempt employees must be paid at least twice per month (semi-monthly). § 61.011(a). Exempt employees (typically salaried managerial, professional, and administrative employees) may be paid once per month. § 61.011(b). Employers must designate paydays in advance and post notice in the workplace. § 61.012.
Final pay at separation (§ 61.014)
Involuntary termination (employer-initiated): wages must be paid within six calendar days of termination. Voluntary resignation (employee-initiated): wages must be paid by the next regularly scheduled payday following the date of resignation.
Permissible deductions (§ 61.018)
Wages may be withheld only when (1) authorized by law (taxes, garnishments, child support); (2) required by court order; or (3) authorized in writing by the employee. Employer "policies" purporting to authorize deductions without specific written employee authorization are insufficient.
Wage claim mechanism
An employee with unpaid wages may file a wage claim with TWC within 180 days of when the wages were due. § 61.051(c). TWC investigates, issues a Preliminary Wage Determination Order, and may order payment, file an administrative lien (§ 61.081), or pursue collection. Both employer and employee have appeal rights.
Treble damages for willful nonpayment
Under § 61.0031, where TWC determines that the employer's failure to pay wages was willful, the employer may be ordered to pay three times the wages owed. This treble-damages provision is among the most punitive features of Texas wage law.
The Texas Payday Law is the everyday wage-payment statute for Texas employers. Compliance failures, late final paychecks, unauthorized deductions, off-cycle pay schedules, generate routine TWC wage claims and, in willful cases, triple-damages exposure. Coordination with FLSA (federal minimum wage and overtime) is critical: claims often involve both Payday Law (timing/deduction) and FLSA (amount) violations.
Companion article: Wage and Hour Compliance in Texas
Practice guide: Employment Law Basics for Texas Employers