Salarios no pagados en Texas: qué dice la ley

Lo que dice la ley

Pago final tras despido

6 días

Detalle del pago final

Tex. Lab. Code 61.014(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 is discharged.' TWC states this as 'Final payment is due within six (6) calendar days of the last day' - so the 6 in final_paycheck_days_fired is SIX CALENDAR DAYS, not business days.

Ver la regla completa

Tex. Lab. Code 61.014(b): an employee 'who leaves employment other than by discharge' must be paid in full 'not later than the next regularly scheduled payday'; TWC restates this as 'the next regularly scheduled payday after the effective date of resignation.' Because the voluntary-quit deadline is a floating payday and not a day count, final_paycheck_days_quit is deliberately omitted rather than guessed. Texas gives no advance-notice variation and no immediate-payment rule.

Sanción por pago tardío

Texas has no per-day waiting-time penalty and no interest-based penalty comparable to California's Labor Code 203. The only monetary add-on in the Texas Payday Law is Tex. Lab.

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Code 61.053 ("Bad Faith; Administrative Penalty"): an examiner, tribunal or the Texas Workforce Commission may assess an administrative penalty against an employer — or an employee — that acted in bad faith, on top of ordering the wages paid, taking into account the severity of the violation, prior violations, deterrence and mitigating circumstances. But "an administrative penalty assessed under this section may not exceed the lesser of: (1) the amount of the wages in question or claimed; or (2) $1,000." The practical ceiling is therefore $1,000, which is dramatically weaker than the California or New York remedies.

Salario mínimo estatal

$7.25 / hora

Horas extra más allá de la ley federal

No - Texas has no overtime standard stronger than the FLSA, and no daily overtime. Overtime for private-sector Texas employees is governed by the federal FLSA; TWC's official Texas Guidebook for Employers states 'overtime is generally at time-and-a-half for all hours worked in excess of 40 in a seven-day workweek' and that 'Individual state minimum wage laws do not apply unless the FLSA does not apply - for all practical purposes, businesses can assume that all of their employees are covered under the federal wage and hour laws.' Consistently, Tex.

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Lab. Code 62.151 provides that Chapter 62 'and a municipal ordinance or charter provision governing wages in private employment, other than wages under a public contract, do not apply to a person covered by the Fair Labor Standards Act of 1938' - which also preempts city-level minimum wage ordinances for private employment. The Texas Payday Law enforces payment of wages the employer actually agreed to or owes (which can include unpaid overtime), but it does not create an independent state overtime entitlement.

Quién atiende quejas

Texas Workforce Commission

Léelo tú mismo

Fuentes oficiales. Si algún dato de abajo importa en tu caso, abre la ley y léela — las leyes se reforman y muchas ciudades agregan reglas locales más estrictas.

• Tex. Lab. Code § 61.014(a), (b) — Tex. Labor Code sec. 61.014 (Payment After Termination of Employment) - (a) discharge: not later than the sixth day after discharge; (b) quit: not later than the next regularly scheduled payday. Verbatim code mirror, page states current as of January 01, 2026
• Tex. Lab. Code § 61.051 — Tex. Labor Code sec. 61.051 (FILING WAGE CLAIM) - '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.' Verbatim code mirror, current as of January 01, 2026
• Tex. Lab. Code § 61.053 — Tex. Labor Code sec. 61.053 (Bad Faith; Administrative Penalty) - penalty 'may not exceed the lesser of: (1) the amount of the wages in question or claimed; or (2) $1,000.' Verbatim code mirror, current as of January 01, 2026
• Tex. Lab. Code § 62.051 — Tex. Labor Code sec. 62.051 (Minimum Wage) - 'Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).' Verbatim code mirror, current as of January 01, 2026
• Tex. Lab. Code § 62.151 — Tex. Labor Code sec. 62.151 (Person Covered by Federal Act) - Chapter 62 and municipal wage ordinances for private employment do not apply to a person covered by the FLSA. Verbatim code mirror, current as of January 01, 2026
• 29 U.S.C. § 206(a)(1)(C) — 29 U.S.C. sec. 206(a)(1) - federal minimum wage schedule culminating in '$7.25 an hour, beginning 24 months after that 60th day' (i.e. July 24, 2009). Official U.S. House Office of the Law Revision Counsel text
• TWC - Texas Payday Law, Labor Code Chapter 61 — Texas Workforce Commission official Texas Payday Law page - final payment due within six calendar days of the last day for discharge; next regularly scheduled payday for resignation; wage claim within 180 days of the original date wages were due
• TWC - Texas Minimum Wage Law (Tex. Lab. Code ch. 62) — Texas Workforce Commission official Texas Minimum Wage Law page - 'The federal minimum wage is $7.25 per hour. (Effective July 24, 2009)', citing Chapter 62, Texas Labor Code
• TWC Texas Guidebook for Employers - Fair Labor Standards Act: What It Does and Does Not Do — TWC official 'Texas Guidebook for Employers' - FLSA overtime at time-and-a-half over 40 hours in a seven-day workweek; federal minimum wage $7.25 'the same level under Texas state law'; state minimum wage laws do not apply unless the FLSA does not apply

Última verificación: 2026-08-17