Texas Final Paycheck Law — deadline calculator

Frequently Asked Questions

• When must a Texas employer pay a final paycheck if they fire me?

  Under the Texas Payday Law (Tex. Lab. Code §61.014, as of 2026), if you are fired, laid off, or otherwise involuntarily separated, your employer must deliver your final paycheck within 6 calendar days of the date of discharge — not the next scheduled payday. This 6-day clock starts on the actual separation date.

• When is the final paycheck due in Texas if I resign?

  If you voluntarily resign or retire, your employer must pay your final wages on the next regularly-scheduled payday following the effective date of your resignation. There is no 6-day rule for voluntary separations — the normal pay cycle governs the deadline.

• Can my Texas employer hold my last paycheck because I didn't return company property?

  No. Under the Texas Payday Law, withholding or delaying a final paycheck for reasons such as unreturned equipment, keys, uniforms, or unsigned timesheets is illegal. The employer may pursue separate civil remedies to recover the property or its value, but the final paycheck must be released on time regardless.

• What is included in a 'final paycheck' under Texas law?

  Texas final pay includes: (1) regular wages for all hours worked, (2) commissions and bonuses that have been earned and are calculable, and (3) fringe benefits such as accrued paid time off if — and only if — the employer's written policy provides for payout upon separation. Employers are not required by Texas law to pay accrued PTO unless a written policy commits to it.

• What penalty applies if a Texas employer pays my final wages late?

  If you file a wage claim and the Texas Workforce Commission (TWC) finds your employer acted in bad faith, it can assess an administrative penalty equal to the wages owed or $1,000, whichever is less. The TWC can also impose administrative liens and bank levies to collect unpaid wages. Repeat violators are more likely to face penalties.

• How do I file a Texas Payday Law wage claim?

  File online or by mail with the Texas Workforce Commission's Wage and Hour Department. The claim must be filed within 180 days of the date the wages were originally due to be paid. After investigation, TWC issues an order determining any wages owed; if the employer does not comply voluntarily, TWC can enforce collection through liens and levies.

• Does Texas have a deadline for paying final wages that is different from federal law?

  Yes. The federal FLSA sets no specific deadline for a final paycheck — only that the employee must be paid on the regular payday. Texas law is stricter for involuntary separations: the 6-calendar-day rule means a fired employee may receive final pay sooner than the next scheduled payday, which can be up to two weeks away under a bi-weekly pay schedule.

• How long do I have to file a final paycheck complaint in Texas?

  You must file a wage claim with the TWC within 180 days (approximately 6 months) from the date the wages were originally due. Missing this deadline generally means you cannot use the TWC process, though you may still have civil court options depending on the circumstances.

• Can a Texas employer make deductions from a final paycheck?

  Employers may only deduct from a final paycheck if the employee has signed a written deduction authorization in advance, the deduction is required by law (e.g., taxes, garnishments), or a court order requires it. A general authorization buried in an employment agreement may not cover all deduction types — deductions must be specific. An employer cannot deduct for equipment damage or shortages without a specific signed authorization.

• If my employer pays me late but then pays in full, do I still have a claim?

  Yes. Under the Texas Payday Law, a late payment is still a violation even if the full amount is eventually paid. You may still file a wage claim to document the violation; TWC's bad-faith penalty assessment considers whether the employer was late without a legitimate reason. However, in practice, if wages are paid in full before TWC concludes its investigation, penalties may be reduced or waived depending on circumstances.