Tex. Codes » Labor Code · TITLE 2. PROTECTION OF LABORERS · SUBTITLE C. WAGES · CHAPTER 61. PAYMENT OF WAGES
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Tex. Lab. Code § 61.051 (2026)

Filing Wage Claim

✓ current as of May 2026
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Sec. 61.051. FILING WAGE CLAIM. (a) An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this subchapter.

(b) A wage claim must be filed in a manner and on a form prescribed by the commission and must be verified by the employee.

(c) 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.

(d) The employee may file the wage claim:

(1) in person at an office of the commission;

(2) by mailing the claim to an address designated by the commission;

(3) by faxing the claim to a fax number designated by the commission;

(4) electronically in a manner designated by the commission by rule; or

(5) by any other means adopted by the commission by rule.

(e) The commission shall ensure that employees are notified of an employee's ability to request from the commission a wage claim form in either language described by Section 61.006.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 21 (S.B. 741), Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 97 (H.B. 762), Sec. 1, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 14, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 479 (H.B. 2443), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 31 cases (7 in the last 5 years), 1995–2023 · leading case: Prairie View A&M Univ. v. Diljit K. Chatha, 381 S.W.3d 500 (Tex. 2012).
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Prairie View A&M Univ. v. Diljit K. Chatha, 381 S.W.3d 500 (Tex. 2012). · cites it 2× “See Tex. Lab.Code § 61.051(c) ("The 180-day deadline is a matter of jurisdiction.”
Wal-Mart Stores, Inc. v. Lopez, 93 S.W.3d 548 (Tex. App. 2002). · cites it 2× “See Tex Lab.Code Ann. § 61.051(a) (Vernon 1996) (“Payday Law”).”
King v. Baylor Univ., 46 F.4th 344 (5th Cir. 2022). “2008), superseded by statute on other grounds, Tex. Lab. Code §§ 61.051(c), 61.052(b-1).”
Abatement Inc. v. Williams, 324 S.W.3d 858 (Tex. App. 2010). · cites it 2× “See Tex. Lab.Code Ann. § 61.051 (West Supp.2009).”
Hull v. Davis, 211 S.W.3d 461 (Tex. App. 2006). · cites it 2× “Employment Comm'n v. Ortiz, 574 S.W.2d 213, 214 (Tex.”
Petrina Thompson v. Dallas City Attorney's Off., 913 F.3d 464 (5th Cir. 2019). “"), superseded on other grounds by statute, Tex. Lab. Code § 61.051(c), as recognized in Prairie View A & M Univ.”
Tricon Tool & Supply, Inc. v. Thumann, 226 S.W.3d 494 (Tex. App. 2006). “See Tex. Lab.Code Ann. § 61.051 (Vernon 2006).”
Stewart v. Virgin Islands Bd. of Land Use Appeals, 66 V.I. 522 (2017). · cites it 2× “2008) (same, but under Tex. Lab. Code Ann. § 61.051 (c), which previously provided “[a] wage claim must be filed not later than the 180th day after the date the wages claimed became due for payment”), superseded by statute, Tex.”
Renee Sheree O'Carolan v. Gary D. Hopper, 414 S.W.3d 288 (Tex. App. 2013). “Hopper asserted that res judicata barred O’Carolan’s request for a new award of maintenance because the trial court had ruled on the maintenance issue in the final divorce decree and O’Carolan did not appeal on that issue. O’Carolan attempted to negate the third element of res…”
Kshatrya v. Texas Workforce Comm'n, 97 S.W.3d 825 (Tex. App. 2003). “See Tex. Lab.Code Ann. § 61.051 (Vernon 1996).”
Tech USA, Inc. v. Evans, 592 F. Supp. 2d 852 (D. Maryland 2009). “By statute, Texas law provides a remedy for employees who have not been paid in accordance with the Texas pay day laws.”
Pipes v. Hemingway, 358 S.W.3d 438 (Tex. App. 2012). “See Tex. Lab.Code Ann. § 61.051(c) (West Supp.”
Show all 31 citing cases →
— Tex. Lab. Code § 61.051(a) — 6 cases
Wal-Mart Stores, Inc. v. Lopez, 93 S.W.3d 548 (Tex. App. 2002). “See Tex Lab.Code Ann. § 61.051(a) (Vernon 1996) (“Payday Law”).”
Igal v. Brightstar Info. Tech. Grp., Inc., 250 S.W.3d 78 (Tex. 2008).
RGV Concepts, Ltd. & New Concept, LLC v. Texas Workforce Comm'n & Eloy Cavazos (Tex. App. 2021).
Jai S. Byun & Kim A. Byun D/B/A Aju Ins. Agency v. Soon O. Hong & Sook Nam Byun (Tex. App. 2022).
Tojo Enter., Inc. v. Texas Workforce Comm'n & Misael Mosqueda (Tex. App. 2023).
— Tex. Lab. Code § 61.051(c) — 13 cases
Prairie View A&M Univ. v. Diljit K. Chatha, 381 S.W.3d 500 (Tex. 2012). “See Tex. Lab.Code § 61.051(c) ("The 180-day deadline is a matter of jurisdiction.”
King v. Baylor Univ., 46 F.4th 344 (5th Cir. 2022). “2008), superseded by statute on other grounds, Tex. Lab. Code §§ 61.051(c), 61.052(b-1).”
Petrina Thompson v. Dallas City Attorney's Off., 913 F.3d 464 (5th Cir. 2019). “"), superseded on other grounds by statute, Tex. Lab. Code § 61.051(c), as recognized in Prairie View A & M Univ.”
Wal-Mart Stores, Inc. v. Lopez, 93 S.W.3d 548 (Tex. App. 2002). “See Tex Lab.Code Ann. § 61.051(a) (Vernon 1996) (“Payday Law”).”
Renee Sheree O'Carolan v. Gary D. Hopper, 414 S.W.3d 288 (Tex. App. 2013). “Hopper asserted that res judicata barred O’Carolan’s request for a new award of maintenance because the trial court had ruled on the maintenance issue in the final divorce decree and O’Carolan did not appeal on that issue. O’Carolan attempted to negate the third element of res…”
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