When do I get my final paycheck in Texas?

What the law says

Texas sets two deadlines for a last paycheck. Section 61.014(a) of the Texas Labor Code says:

“An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.”

Quitting is different. Under section 61.014(b) of the Texas Labor Code, an employee who leaves for any reason other than being discharged must be paid in full no later than the next regularly scheduled payday.

The days are calendar days. Section 61.001(2) of the Texas Labor Code defines a day as a calendar day, so weekends count toward the 6 days.

What counts as wages. Under section 61.001(7) of the Texas Labor Code, wages are pay owed for work, whether by time, task, piece or commission. Vacation, holiday, sick, parental leave and severance pay count too, but only when a written agreement or a written policy of the employer promises them.

Commissions and bonuses. Under section 61.015 of the Texas Labor Code, commissions and bonuses are due on the terms of the agreement between employee and employer, or of a collective bargaining agreement, and must be paid on time like other wages.

Regular paydays. Under section 61.011 of the Texas Labor Code, an employee exempt from federal overtime rules must be paid at least once a month, and every other employee at least twice a month. Under section 61.012, if the employer names no paydays, they are the 1st and the 15th of each month, and the paydays must be posted at work.

Deductions. Under section 61.018 of the Texas Labor Code, an employer may hold back part of wages only on a court order, when state or federal law allows it, or with the employee’s written permission for a lawful purpose.

What changes the answer

How the job ended. Being fired starts the 6-day clock, and quitting points to the next payday, under section 61.014 of the Texas Labor Code.

Time since the pay was due. Under section 61.051(c) of the Texas Labor Code, a wage claim with the Texas Workforce Commission must be filed no later than the 180th day after the wages were due, that is, within 180 days. The same subsection says:

“The 180-day deadline is a matter of jurisdiction.”

That means it cannot be extended. Under section 61.052(b-1) of the Texas Labor Code, a late claim is dismissed. Under section 61.051(d), a claim can be filed in person, by mail, by fax, or electronically.

What happens to a claim. Under section 61.052 of the Texas Labor Code, a Commission examiner investigates and issues a preliminary order that either dismisses the claim or orders the unpaid wages paid.

Bad faith. Under section 61.053 of the Texas Labor Code, if the employer acted in bad faith in not paying, a penalty can be added on top of the wages. The penalty is the lesser of the wages in question or $1,000. An employee who files a claim in bad faith can be penalized the same way.

Who is covered. Under section 61.003 of the Texas Labor Code, the chapter does not apply to the United States, the State of Texas or a political subdivision of the state. Under section 61.001(3), it does not cover independent contractors, or close relatives of the employer or the employer’s spouse.

Employee or contractor. The label on the contract is not the whole test. Under section 61.001(5) of the Texas Labor Code, work for wages, written or oral, counts as employment. The exception is where it is shown that the person is free from control or direction in doing the work, both under the contract and in fact.