德州的欠薪:法律怎么规定的
雇主欠我工资
法条怎么规定的
- 被解雇后结清工资期限
- 6 天
- 结清工资细节
- 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.
展开完整规定
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.
- 逾期支付的罚则
- 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.
展开完整规定
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.
- 州最低工资
- $7.25 / 小时
- 强于联邦法的加班规定
- 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.
展开完整规定
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.
- 受理投诉的机构
- Texas Workforce Commission
看完上面的数字,请务必读这一段
The deadline for filing a wage claim with the state is short and it is strict: 180 days from the date the wages were due to be paid. It runs from the date each unpaid amount came due, not from your last day of work, so older paychecks can fall outside the window while more recent ones are still inside it. The state treats this deadline as jurisdictional, which means it has no power to extend it or to excuse a late filing, even by a day.
自己去读原文
官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。
- 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
最近核实: 2026-08-17
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