Texas Wage Claim Demand Letter

WAGE CLAIM DEMAND LETTER — STATE OF TEXAS

TABLE OF CONTENTS

1. Introductory Information and Parties
2. Purpose of This Demand Letter
3. Employment Background and Factual Basis
4. Itemized Wage Calculation
5. Legal Basis for Demand
6. Demand for Payment
7. Consequences of Non-Payment
8. Texas Workforce Commission Filing Information
9. Reservation of Rights
10. Signature and Verification
11. Notary Acknowledgment
12. Certificate of Service
13. Sources and References

1. INTRODUCTORY INFORMATION AND PARTIES

Date of Letter: [__/__/____]

Sent Via:
☐ Certified U.S. Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (with read receipt)
☐ Facsimile Transmission
☐ Other: [________________________________]

CLAIMANT / EMPLOYEE INFORMATION

EMPLOYER INFORMATION

2. PURPOSE OF THIS DEMAND LETTER

This letter serves as a formal written demand for the immediate payment of wages earned but not paid to the undersigned Claimant/Employee by the above-identified Employer, as required under the Texas Payday Law, Texas Labor Code Chapter 61, and all other applicable state and federal wage-and-hour statutes.

This demand letter is being sent prior to — and without waiver of — the Claimant's right to file a formal Wage Claim with the Texas Workforce Commission (TWC), Wage and Hour Department, and/or to pursue all available legal remedies in a court of competent jurisdiction.

3. EMPLOYMENT BACKGROUND AND FACTUAL BASIS

3.1 Employment Relationship

3.2 Agreed Compensation

3.3 Nature of Wage Claim

The following categories of unpaid wages are at issue in this demand (check all that apply):

☐ Regular hourly wages for hours worked but not compensated
☐ Overtime wages (hours exceeding 40 per workweek) under the FLSA
☐ Final wages not timely paid following separation of employment
☐ Commissions earned but not paid
☐ Bonuses earned but not paid
☐ Agreed salary not paid in full
☐ Unauthorized or illegal deductions from wages (Tex. Lab. Code § 61.018)
☐ Minimum wage violations (wages paid below $7.25/hour)
☐ Wages paid by dishonored check or invalid instrument
☐ Other: [________________________________]

3.4 Factual Narrative

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Describe in detail the circumstances giving rise to this claim, including relevant dates, communications with employer, and any prior attempts to resolve the matter.)

4. ITEMIZED WAGE CALCULATION

4.1 Unpaid Regular Wages

4.2 Unpaid Overtime Wages (If Applicable)

4.3 Unpaid Commissions / Bonuses (If Applicable)

4.4 Unauthorized Deductions (If Applicable)

4.5 Total Demand Summary

5. LEGAL BASIS FOR DEMAND

5.1 Texas Payday Law — Tex. Lab. Code Chapter 61

The Texas Payday Law governs the payment of wages in Texas and provides the primary state-law framework for this demand.

Tex. Lab. Code § 61.011 — Paydays. An employer shall pay employees at least twice per month. If the employer does not designate paydays, the employer's paydays are the 1st and 15th day of each month.

Tex. Lab. Code § 61.012 — Designation of Paydays; Notice. An employer must post, in a conspicuous place in the workplace, notice of the designated paydays and must notify each employee of any changes to designated paydays before the change takes effect.

Tex. Lab. Code § 61.014 — Payment After Termination of Employment. An employer shall pay in full an employee who is discharged from employment not later than the sixth (6th) day after the date the employee is discharged. An employee who leaves employment for any reason other than discharge shall be paid in full on the next regularly scheduled payday.

Tex. Lab. Code § 61.015 — Payment of Commissions and Bonuses. An employer shall pay an employee's commissions and bonuses in a timely manner according to the terms of any applicable agreement between the employer and employee.

Tex. Lab. Code § 61.017 — Delivery of Payment. An employer shall deliver wages to an employee at the employee's regular place of employment during regular working hours, by mail, or by any other means consented to by the employee.

Tex. Lab. Code § 61.018 — Deduction from Wages. An employer may not withhold or divert any part of an employee's wages unless the employer: (a) is ordered to do so by a court of competent jurisdiction; (b) is authorized to do so by state or federal law; or (c) has written authorization from the employee to deduct part of the wages for a lawful purpose.

Tex. Lab. Code § 61.019 — Failure to Pay Wages; Criminal Penalty. An employer who fails to pay wages as required under Chapter 61 commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $2,000 or more than $10,000 for each failure to pay.

5.2 Texas Minimum Wage

Texas follows the federal minimum wage of $7.25 per hour pursuant to 29 U.S.C. § 206 and Tex. Lab. Code § 62.051. Texas has not enacted a state minimum wage above the federal floor. Employees who are non-exempt under the FLSA are entitled to at least this minimum rate for all hours worked.

5.3 Federal Overtime Provisions — FLSA, 29 U.S.C. § 207

Texas does not have its own overtime statute. However, the federal Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid at a rate of not less than one and one-half (1.5) times the employee's regular rate of pay for all hours worked in excess of forty (40) hours in a single workweek.

5.4 Texas Workforce Commission Administrative Penalties

If wages remain unpaid and a formal Wage Claim is filed with the Texas Workforce Commission:

• The TWC may order the employer to pay all unpaid wages plus interest at 6% per annum.
• For a first violation, the employer may be assessed a civil penalty of up to $1,000 per violation.
• For subsequent violations, the employer may be assessed a civil penalty of $1,000 per failure to pay each employee, plus 25% of the total amount unlawfully withheld.
• If the employer fails to pay wages and penalties within 30 days of a final order, the matter may be referred to the Attorney General's office for collection.

5.5 Civil Court Remedies

Under federal law (FLSA), an employee may file a civil action within two (2) years of the date wages were due (or three (3) years for willful violations) and may recover:

• The full amount of unpaid wages;
• An equal amount as liquidated damages;
• Reasonable attorney's fees and court costs.

6. DEMAND FOR PAYMENT

Based on the foregoing, the undersigned Claimant hereby demands that Employer pay the total sum of:

$[________________]

(Amount in words: [________________________________] Dollars and [____]/100)

This amount represents all unpaid wages, overtime compensation, commissions, bonuses, and/or unauthorized deductions as itemized in Section 4 above.

Payment Deadline

Payment in full must be received by the undersigned Claimant no later than:

[__/__/____]

(This date should be no fewer than ten (10) calendar days from the date of this letter.)

Acceptable Forms of Payment

☐ Certified check or cashier's check payable to [________________________________]
☐ Wire transfer to account specified in separate communication
☐ Money order
☐ Other: [________________________________]

Payment Delivery Instructions

Payment shall be delivered to the following address or by the following method:

[________________________________]
[________________________________]
[________________________________]

7. CONSEQUENCES OF NON-PAYMENT

If full payment is not received by the deadline specified above, the Claimant intends to pursue one or more of the following remedies:

7.1 Administrative Complaint with Texas Workforce Commission

The Claimant will file a formal Wage Claim (Form LL-1) with the Texas Workforce Commission, Wage and Hour Department. Upon investigation, the TWC may:

• Issue a Preliminary Wage Determination Order requiring payment;
• Assess administrative penalties of up to $1,000 per violation (and higher for repeat violations);
• Assess interest at 6% per annum on unpaid wages;
• Refer the matter to the Texas Attorney General for collection if the employer fails to comply with a final order.

7.2 Civil Lawsuit

The Claimant may file a civil action in an appropriate Texas court or federal court to recover:

• All unpaid wages;
• Liquidated damages equal to the amount of unpaid wages (under the FLSA);
• Prejudgment interest;
• Reasonable attorney's fees and court costs;
• Any other damages available at law or equity.

7.3 Criminal Penalties

Under Tex. Lab. Code § 61.019, an employer who fails to pay wages as required by the Texas Payday Law commits a misdemeanor offense punishable by a fine of $2,000 to $10,000 for each failure to pay. The Claimant may report the violation to appropriate law enforcement authorities.

7.4 Federal Department of Labor Complaint

For minimum wage and overtime violations, the Claimant may also file a complaint with the U.S. Department of Labor, Wage and Hour Division, which has independent authority to investigate and enforce the FLSA.

8. TEXAS WORKFORCE COMMISSION FILING INFORMATION

Should it become necessary to file a formal wage claim, the following information is provided for reference:

Important Note: Filing a wage claim with TWC is free of charge and does not require an attorney. However, the 180-day filing deadline is strictly enforced.

9. RESERVATION OF RIGHTS

The Claimant expressly reserves all rights, claims, and remedies available under state and federal law, including but not limited to:

• Claims under the Texas Payday Law (Tex. Lab. Code Ch. 61);
• Claims under the Fair Labor Standards Act (29 U.S.C. §§ 201–219);
• Claims for breach of contract;
• Claims for quantum meruit;
• Claims for fraud or misrepresentation;
• Claims for wrongful termination (if applicable);
• Any and all other claims arising from the Employer's failure to pay wages.

Nothing in this demand letter shall be construed as a waiver of any right, claim, or remedy. The Claimant does not concede that the amount demanded herein represents the full extent of damages to which the Claimant may be entitled.

10. SIGNATURE AND VERIFICATION

I, the undersigned Claimant, declare under penalty of perjury that the information set forth in this demand letter is true and correct to the best of my knowledge, information, and belief.

Claimant Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. NOTARY ACKNOWLEDGMENT

STATE OF TEXAS
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [________], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: _______________________________________________

Printed Name of Notary: [________________________________]

Commission Expiration Date: [__/__/____]

Notary ID Number: [________________________________]

[NOTARY SEAL]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Wage Claim Demand Letter was served upon the Employer at the address identified in Section 1 of this letter by the following method(s):

☐ Certified U.S. Mail, Return Receipt Requested
Tracking Number: [________________________________]

☐ Hand Delivery
Delivered to: [________________________________]
Date/Time of Delivery: [__/__/____] at [____:____] ☐ AM ☐ PM

☐ Email
Sent to: [________________________________]
Date/Time Sent: [__/__/____] at [____:____] ☐ AM ☐ PM
Read Receipt Received: ☐ Yes ☐ No

☐ Facsimile Transmission
Fax Number: [________________________________]
Confirmation Number: [________________________________]

☐ Other: [________________________________]

Signature of Person Effecting Service: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

13. SOURCES AND REFERENCES

Texas State Statutes

• Texas Labor Code, Chapter 61 — Payment of Wages (Texas Payday Law): https://statutes.capitol.texas.gov/docs/LA/htm/LA.61.htm
• Texas Labor Code, Chapter 62 — Minimum Wage: https://statutes.capitol.texas.gov/docs/LA/htm/LA.62.htm

Texas Workforce Commission Resources

• Texas Payday Law Overview: https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law
• Online Wage Claim Filing System: https://apps.twc.texas.gov/WAGECLAIM/logon
• Wage Claim Form (LL-1): https://www.twc.texas.gov/sites/default/files/fdcm/docs/wh-1-wage-claim-twc.pdf
• Wage and Hour Program: https://www.twc.texas.gov/programs/wage-and-hour

Federal Resources

• Fair Labor Standards Act (FLSA) — 29 U.S.C. §§ 201–219: https://www.dol.gov/agencies/whd/flsa
• U.S. Department of Labor, Wage and Hour Division — How to File a Complaint: https://www.dol.gov/agencies/whd/contact/complaints
• Federal Minimum Wage Information: https://www.dol.gov/agencies/whd/minimum-wage

Legal Aid Resources

• Texas Law Help — Nonpayment of Wages: https://texaslawhelp.org/article/nonpayment-of-wages
• Texas RioGrande Legal Aid: https://www.trla.org
• Lone Star Legal Aid: https://www.lonestarlegal.org

This document was prepared as a legal template for educational and informational purposes. It is not a substitute for the advice of a licensed attorney. The user assumes all responsibility for verifying the accuracy and applicability of this template to their specific circumstances. Texas law and TWC procedures are subject to change.