Texas Labor Code Title 2, Chapter 61 - Payment Of Wages

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 61.002 - Commission Duties
  (a) The commission shall: (1) administer this chapter; and (2) adopt rules as necessary to implement this chapter. (b) The commission may require reports, conduct...
• Texas Section 61.003 - Governmental Entities Excluded
  This chapter does not apply to the United States, this state, or a political subdivision of this state. Acts 1993, 73rd Leg., ch. 269, Sec....
• Texas Section 61.0031 - Franchisors Excluded
  (a) In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1. (b) For purposes of this chapter, a franchisor is...
• Texas Section 61.004 - Payment Of Certain Fees For Service Of Process
  Notwithstanding Chapter 152 or 154, Local Government Code, or any other law of this state, the fees assessed by a sheriff or constable for service...
• Texas Section 61.005 - Effect Of Refusal To Obey Commission Subpoena; Criminal Penalty
  (a) In the case of contumacy or other refusal by a person to obey a subpoena issued by the commission or an authorized representative of...

SUBCHAPTER B PAYMENT OF WAGES

• Texas Section 61.006 - Notice Languages
  The commission shall: (1) make available any notice the commission is required to provide to an employee under this chapter in the two languages that...
• Texas Section 61.011 - Paydays
  (a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938...
• Texas Section 61.012 - Designation Of Paydays; Notice
  (a) An employer shall designate paydays in accordance with Section 61.011. (b) If an employer fails to designate paydays, the employer's paydays are the first...
• Texas Section 61.013 - Payment Other Than On Payday
  An employer shall pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another...
• Texas Section 61.014 - Payment After Termination Of Employment
  (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee...
• Texas Section 61.015 - Payment Of Commissions And Bonuses
  (a) Wages paid on commission and bonuses are due according to the terms of: (1) an agreement between the employee and employer; or (2) an...
• Texas Section 61.016 - Form Of Payment
  (a) An employer shall pay wages to an employee: (1) in United States currency; (2) by a written instrument issued by the employer that is...
• Texas Section 61.017 - Delivery Of Payment
  (a) An employer shall pay wages through a means authorized by this section. (b) An employer may pay wages by: (1) delivering them to the...
• Texas Section 61.018 - Deduction From Wages
  An employer may not withhold or divert any part of an employee's wages unless the employer: (1) is ordered to do so by a court...
• Texas Section 61.019 - Failure To Pay Wages; Criminal Penalty
  (a) An employer commits an offense if: (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to...

SUBCHAPTER C SECURITY FOR WAGE PAYMENTS

• Texas Section 61.020 - Failure To Pay Wages; Attorney General Action
  The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. Acts...
• Texas Section 61.031 - Bond
  (a) The commission may require an employer to deposit a bond if: (1) the employer is convicted of two violations of this chapter; or (2)...
• Texas Section 61.032 - Suit To Enforce Bond Requirement
  (a) If an employer fails to deposit a bond required under Section 61.031 before the 11th day after the date on which demand is made...

SUBCHAPTER D WAGE CLAIMS

• Texas Section 61.033 - Failure Of Surety Company To Pay Verified Claim For Wages; Civil Penalty
  (a) A surety company that issues a bond to secure the payment of wages under this chapter and that wilfully fails to pay a verified...
• Texas Section 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...
• Texas Section 61.052 - Preliminary Wage Determination Order
  (a) An examiner employed by the commission shall analyze each wage claim filed under Section 61.051 and, if the claim alleges facts actionable under this...
• Texas Section 61.0525 - Establishment Of Wage Claim Appeal Tribunals
  (a) The commission shall establish one or more impartial wage claim appeal tribunals to hear and decide disputed wage claims if the commission determines that...
• Texas Section 61.053 - Bad Faith; Administrative Penalty
  (a) If the commission examiner, a wage claim appeal tribunal, or the commission determines that an employer acted in bad faith in not paying wages...
• Texas Section 61.054 - Request For Hearing On Preliminary Order
  (a) Either party may request a hearing before a wage claim appeal tribunal to appeal a preliminary wage determination order made under Section 61.052. (b)...
• Texas Section 61.055 - Preliminary Order Final If Hearing Not Requested
  If neither party requests a hearing to appeal a preliminary wage determination order within the period prescribed by Section 61.054, the order becomes the final...
• Texas Section 61.056 - Payment Required If Hearing Not Requested
  (a) An employer that does not request a hearing within the period prescribed by Section 61.054 to appeal a preliminary wage determination order shall pay...
• Texas Section 61.057 - Notice; Time For Hearing
  (a) A notice regarding an administrative hearing conducted under this subchapter must be mailed by the wage claim appeal tribunal not later than the 21st...
• Texas Section 61.058 - Hearing Procedures
  (a) A hearing conducted under this subchapter is subject to the rules and hearings procedures used by the commission in the determination of a claim...
• Texas Section 61.059 - Consideration Of Preliminary Wage Determination Order
  The wage claim appeal tribunal may modify, affirm, or rescind a preliminary wage determination order. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept....
• Texas Section 61.060 - Order After Hearing
  After a hearing, the wage claim appeal tribunal shall enter a written order for the payment of wages that the tribunal determines to be due...
• Texas Section 61.061 - Notice And Finality Of Order
  (a) The wage claim appeal tribunal shall mail to each party to the appeal notice of: (1) the decision; (2) the amount of wages subject...
• Texas Section 61.0611 - Removal Or Transfer Of Claim Pending Before Wage Claim Appeal Tribunal
  (a) The commission by order may remove to itself or transfer to another wage claim appeal tribunal the proceedings on a wage claim pending before...
• Texas Section 61.0612 - Commission Review Of Wage Claim Appeal Tribunal Order
  The commission may: (1) on its own motion: (A) affirm, modify, or set aside an order issued under Section 61.061 on the basis of the...
• Texas Section 61.0613 - Notice Of Commission Action
  (a) The commission shall mail to each party to the appeal under Section 61.0612 notice of: (1) the commission's decision; (2) the amount of wages...
• Texas Section 61.0614 - Finality Of Commission Order
  An order of the commission becomes final 14 days after the date the order is mailed unless before that date: (1) the commission by order...
• Texas Section 61.062 - Judicial Review
  (a) A party who has exhausted the party's administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal...
• Texas Section 61.063 - Payment To Commission; Escrow Pending Review; Waiver
  (a) Not later than the 30th day after the date a commission order becomes final, the party required to pay wages or a penalty shall:...
• Texas Section 61.064 - Payment To Employee
  Not later than the 30th day after the date on which a claim is finally adjudicated or otherwise resolved, the commission shall pay to the...
• Texas Section 61.065 - Deposit Of Penalty
  The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. Acts 1993,...
• Texas Section 61.066 - Commission Action; Enforcement Of Order
  (a) The commission, in the name of the state and the attorney general, may: (1) bring a suit in a district court in Travis County...

SUBCHAPTER E ADMINISTRATIVE LIEN

• Texas Section 61.067 - Reciprocal Collection Arrangements
  The commission may enter into reciprocal arrangements with appropriate authorized agencies of the United States or other states for the collection of wage claims that...
• Texas Section 61.081 - Creation And Attachment Of Lien
  (a) A final order of the commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is...
• Texas Section 61.082 - Enforcement Of Lien
  (a) Subchapters A and B, Chapter 113, Tax Code, govern the enforcement of a lien established under this subchapter. (b) In administering and enforcing the...
• Texas Section 61.0825 - Priority Of Lien
  A lien established under this subchapter is superior to any other lien on the same property, with the exception of a lien for ad valorem...
• Texas Section 61.083 - Filing; Fee
  (a) A lien under this subchapter may be recorded in the book entitled "State Tax Liens" kept by the county clerk as provided by Section...
• Texas Section 61.084 - Release Of Lien
  (a) A lien under this subchapter may be released in the manner provided by Subchapter A, Chapter 113, Tax Code, for a state tax lien....

SUBCHAPTER F DELINQUENCY; LEVY

• Texas Section 61.085 - Assignment Of Lien
  A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request. Added by Acts 1995, 74th Leg., ch....
• Texas Section 61.091 - Notice Of Delinquency
  (a) If, under a final order, a person is determined to be delinquent in the payment of wages, penalties, interest, or other amounts due under...
• Texas Section 61.092 - Duties Of Notice Recipient
  (a) On receipt of a notice under this subchapter, the person receiving the notice: (1) shall advise the commission not later than the 20th day...
• Texas Section 61.093 - Levy
  (a) At any time during the 60-day period provided by Section 61.092(a)(2), the commission may levy on the asset or debt by delivery of a...
• Texas Section 61.094 - Notice Effect
  A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, or debts involving the...
• Texas Section 61.095 - Discharge Of Liability
  A person acting in accordance with the terms of the notice issued by the commission under this subchapter is discharged from any obligation or liability...

Last modified: September 28, 2016