In Texas, the rights of workers regarding timely and complete wage payment are protected by various laws and regulations. This article explores the available options and legal recourse for employees in Texas who have not received their earned wages. Drawing upon information from the Texas Workforce Commission (TWC), Texas Law Help, and the Office of the Commissioner Representing Labor, it provides a comprehensive understanding of the steps to take when faced with nonpayment of wages.
Key Facts
- File a claim with the Texas Workforce Commission (TWC): You can file a wage claim with the TWC, which is responsible for enforcing wage laws in Texas. They will investigate your claim and take appropriate action if your employer is found to be in violation of the law.
- Contact the Department of Labor’s Wage and Hour Division: You can also seek unpaid wages by contacting the Wage and Hour Division of the U.S. Department of Labor. They can provide guidance and assistance in recovering your unpaid wages.
- Consider filing a lawsuit: If the TWC or the Department of Labor is unable to resolve your wage dispute, you may choose to file a lawsuit against your employer. It is advisable to consult with an employment attorney to understand the legal process and your rights.
- Mechanic’s lien statute: If you are an employee or an independent contractor who has not been paid for work on demolition, construction, or renovation projects, you may be able to seek payment under Texas’s mechanic’s lien statute. This statute allows you to secure payment for your labor performed on the project and gives you an interest in the property.
Legal Framework and Available Options
Filing a Wage Claim with the Texas Workforce Commission (TWC)
- Employees who have not been paid their wages can file a wage claim with the TWC.
- The TWC is responsible for enforcing wage laws in Texas and investigating claims of wage theft.
- The wage claim must be filed within 180 days from the date the wages were originally due.
- The TWC will investigate the claim and take appropriate action if the employer is found to be in violation of the law.
Contacting the Department of Labor’s Wage and Hour Division
- Employees can also seek unpaid wages by contacting the Wage and Hour Division of the U.S. Department of Labor.
- The Wage and Hour Division can provide guidance and assistance in recovering unpaid wages.
- The statute of limitations for filing a complaint with the Department of Labor is two years from the date the wages were due.
Considering Filing a Lawsuit
- If the TWC or the Department of Labor is unable to resolve the wage dispute, employees may choose to file a lawsuit against their employer.
- It is advisable to consult with an employment attorney to understand the legal process and rights.
- Employees have up to two years from the date the wages were due to file a lawsuit in Texas.
Additional Legal Avenues
Mechanic’s Lien Statute
- Employees or independent contractors who have not been paid for work on demolition, construction, or renovation projects may seek payment under Texas’s mechanic’s lien statute.
- This statute allows workers to secure payment for their labor performed on the project and gives them an interest in the property.
- The mechanic’s lien must be filed within 90 days from the date the work was completed.
Conclusion
Employees in Texas who have not received their earned wages have various legal options to pursue. Filing a wage claim with the TWC, contacting the Department of Labor’s Wage and Hour Division, and considering a lawsuit are all viable avenues for seeking unpaid wages. Additionally, the mechanic’s lien statute provides a remedy for construction workers who have not been compensated for their work. By understanding these legal rights and resources, workers in Texas can take proactive steps to protect their wages and ensure fair treatment in the workplace.
References
- Texas Workforce Commission: https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law
- Texas Law Help: https://texaslawhelp.org/article/nonpayment-of-wages
- Office of the Commissioner Representing Labor: https://www.twc.texas.gov/agency/commissioners/labor
FAQs
How do I file a wage claim in Texas?
To file a wage claim in Texas, you can:
- Submit an online wage claim through the Texas Workforce Commission (TWC) website.
- Download and mail a paper wage claim form to the TWC.
- Contact your local Workforce Solutions office for assistance in filing a wage claim.
What is the deadline for filing a wage claim in Texas?
The deadline for filing a wage claim in Texas is 180 days from the date the wages were originally due.
What should I do if I am an independent contractor and my client has not paid me?
If you are an independent contractor and your client has not paid you, you may be able to file a claim with the TWC or pursue legal action through a lawsuit. It is advisable to consult with an attorney to understand your rights and options.
What is the mechanic’s lien statute in Texas?
The mechanic’s lien statute in Texas allows employees or independent contractors who have not been paid for work on demolition, construction, or renovation projects to secure payment for their labor and gain an interest in the property. The mechanic’s lien must be filed within 90 days from the date the work was completed.
Can I file a lawsuit against my employer for unpaid wages in Texas?
Yes, you can file a lawsuit against your employer for unpaid wages in Texas. The statute of limitations for filing a lawsuit is two years from the date the wages were due. It is advisable to consult with an employment attorney to understand the legal process and your rights.
What is the role of the Texas Workforce Commission (TWC) in enforcing wage laws?
The TWC is responsible for enforcing wage laws in Texas. They investigate wage claims, take appropriate action against employers who violate the law, and provide resources and assistance to employees who have not been paid their wages.
What is the role of the U.S. Department of Labor’s Wage and Hour Division?
The Wage and Hour Division of the U.S. Department of Labor provides guidance and assistance to employees in recovering unpaid wages. They investigate wage claims, enforce federal wage laws, and provide resources and information to workers.
What is the statute of limitations for filing a complaint with the U.S. Department of Labor’s Wage and Hour Division?
The statute of limitations for filing a complaint with the U.S. Department of Labor’s Wage and Hour Division is two years from the date the wages were due.