Texas Codes

Tex. Lab. Code § 61.001 (2026)

Definitions

✓ current as of May 2026

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Sec. 61.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Workforce Commission.

(2) "Day" means a calendar day.

(3) "Employee" means an individual who is employed by an employer for compensation. The term does not include:

(A) a person related to the employer or the employer's spouse within the first or second degree by consanguinity or affinity, as determined under Chapter 573, Government Code; or

(B) an independent contractor.

(4) "Employer" means a person who:

(A) employs one or more employees; or

(B) acts directly or indirectly in the interests of an employer in relation to an employee.

(5) "Employment" means any service, including service in interstate commerce, that is performed for wages or under a contract of hire, whether written or oral or express or implied. The term does not include any service performed by an individual for wages if it is shown that the individual is free from control or direction in the performance of the service, both under any contract of service and in fact.

(6) "Mail" means to deposit for mailing with the United States Postal Service.

(6-a) "Payroll card account" means an account that is directly or indirectly established by an employer into which each participating employee's wages, salary, or other form of compensation is deposited on a recurring basis and for which the employee receives a payroll card to access the funds in the account.

(7) "Wages" means compensation owed by an employer for:

(A) labor or services rendered by an employee, whether computed on a time, task, piece, commission, or other basis; and

(B) vacation pay, holiday pay, sick leave pay, parental leave pay, or severance pay owed to an employee under a written agreement with the employer or under a written policy of the employer.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), 9.12(a), eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 1, eff. September 1, 2005.

Acts 2019, 86th Leg., R.S., Ch. 284 (H.B. 2240), Sec. 1, eff. September 1, 2019.

Notes of Decisions

Cited in 29 cases (4 in the last 5 years), 1995–2026 · leading case: Hull v. Davis, 211 S.W.3d 461 (Tex. App. 2006).

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Hull v. Davis, 211 S.W.3d 461 (Tex. App. 2006). · cites it 8× “See TEX. LAB.CODE ANN. § 61.001 et seq. (Vernon 2006).”

Abatement Inc. v. Williams, 324 S.W.3d 858 (Tex. App. 2010). · cites it 2× “” Tex. Lab.Code Ann. § 61.001. Nothing in chapter 61 indicates any intent to change the common law and import this definition into common law proceedings.”

Alvin Staudt, on Behalf of Himself & All Others Similarly Situated v. Glastron, Inc., 92 F.3d 312 (5th Cir. 1996). · cites it 3× “Tex.Lab.Code Ann. § 61.001(7). An employee files his complaint with a commission which investigates' and prosecutes the claim.”

Thanedar v. Time Warner, Inc., 352 F. App'x 891 (5th Cir. 2009). “§ 1514A, breach of contract, and violations of the Texas Payday Law, Tex. Lab.Code Ann. § 61.001 et seq. (Vernon 2006).”

Alcala v. Texas Webb Cnty., 620 F. Supp. 2d 795 (S.D. Tex. 2009). “Moreover, Chapter 61 (Payment of Wages), Section 61.”

Igal v. Brightstar Info. Tech. Grp., Inc., 140 S.W.3d 820 (Tex. App. 2004). “See TEX. LAB. CODE ANN. § 61.001 et seq. (Vernon 1996 & Supp.”

Direct Commc'ns, Inc. v. Lunsford, 906 S.W.2d 537 (Tex. App. 1995). “—Austin 1964, no writ) (current codification at TexLaboR Code Ann. § 61.001(5) (Vernon 1995)).”

Texas Workers' Comp. Ins. Fund v. Texas Emp. Comm'n, 941 S.W.2d 331 (Tex. App. 1997). “Tex. Labor Code Ann. § 61.001 (7) (Vernon 1996)(emphasis added).”

Bennett v. Cash Am. Int'l, Inc., 982 S.W.2d 620 (Tex. App. 1998). “Tex. Labor Code Ann. § 61.001 (Vernon 1996).”

Johns v. Texas Workforce Comm'n, 114 F. Supp. 2d 590 (S.D. Tex. 2000). “See Tex. Labor Code § 61.001 et seq. Plaintiff and Defendant Information Builders both participated in an administrative adjudication concerning an $87,519.”

Igal v. Brightstar Info. Tech. Grp., Inc., 250 S.W.3d 78 (Tex. 2008). · cites it 2× “TEX. LAB.CODE § 61.001(3)(B). [4] A 2003 study of 119 claims found that the median wage claim was $420.”

Bloch v. Dowell Schlumberger Inc., 925 S.W.2d 301 (Tex. App. 1996). “Tex. Lab. Code Ann. §§ 61.001 -.095 (Vernon 1996).”

Show all 29 citing cases →

— Tex. Lab. Code § 61.001(1) — 2 cases

Hull v. Davis, 211 S.W.3d 461 (Tex. App. 2006). “See TEX. LAB.CODE ANN. § 61.001 et seq. (Vernon 2006).”

Alvin Staudt, on Behalf of Himself & All Others Similarly Situated v. Glastron, Inc., 92 F.3d 312 (5th Cir. 1996). “Tex.Lab.Code Ann. § 61.001(7). An employee files his complaint with a commission which investigates' and prosecutes the claim.”

— Tex. Lab. Code § 61.001(3)(B) — 2 cases

Igal v. Brightstar Info. Tech. Grp., Inc., 250 S.W.3d 78 (Tex. 2008). “TEX. LAB.CODE § 61.001(3)(B). [4] A 2003 study of 119 claims found that the median wage claim was $420.”

in Re: Pursuit of Excellence, Inc., Pursuit of Excellence Texas, LLC, Marie Diaz, C. John Scheef, Anna S. Brooks, & Brandy K. Chambers (Tex. App. 2018).

— Tex. Lab. Code § 61.001(4) — 2 cases

Alcala v. Texas Webb Cnty., 620 F. Supp. 2d 795 (S.D. Tex. 2009). “Moreover, Chapter 61 (Payment of Wages), Section 61.”

Jay Darden Loving v. State (Tex. App. 2020).

— Tex. Lab. Code § 61.001(4)(B) — 1 case

Abatement Inc. v. Williams, 324 S.W.3d 858 (Tex. App. 2010). “” Tex. Lab.Code Ann. § 61.001. Nothing in chapter 61 indicates any intent to change the common law and import this definition into common law proceedings.”

— Tex. Lab. Code § 61.001(5) — 1 case

Direct Commc'ns, Inc. v. Lunsford, 906 S.W.2d 537 (Tex. App. 1995). “—Austin 1964, no writ) (current codification at TexLaboR Code Ann. § 61.001(5) (Vernon 1995)).”

— Tex. Lab. Code § 61.001(7) — 3 cases

Raymond Bloch// SAVR Commc'ns, Inc. & OnAsset Intelligence, Inc. v. SAVR Commc'ns, Inc. OnAsset Intelligence, Inc. VanOwen Grp. Acquisition Co., Inc. Adam Crossno & John Crossno// Cross-Appellee, Raymond Bloch (Tex. App. 2014).

Mohammed Fawwaz Shoukfeh, M.D., P.A., D/B/A Texas Cardiac Ctr. v. James G. Grattan & Texas Workforce Comm'n (Tex. Crim. App. 2015).

— Tex. Lab. Code § 61.001(7)(A) — 2 cases

Evangel Healthcare Charities, Inc. v. Texas Workforce Comm'n & Jeneba Isha Bangura (Tex. App. 2018).

Sbarbaro v. Jones (S.D. Tex. 2024).

— Tex. Lab. Code § 61.001(7)(B) — 1 case

Bush v. Kadirnet, LLC (W.D. Tex. 2020).

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