Identify the employment relationship
Write down the employer's legal name, work location, job duties, and dates of employment. Include any staffing company or other business involved in paying or supervising you. The Texas Payday Law covers employees of private employers and does not cover independent contractors or government employers in the same way. A label in a contract does not resolve every classification question. If status is disputed, ask a qualified professional which rules apply to the actual working relationship.
Gather the terms of the pay arrangement
Keep offer letters, contracts, commission plans, bonus policies, relevant handbook provisions, and messages about compensation. Identify the promised rate, pay period, scheduled payday, and any conditions attached to an additional payment. Separate your understanding from the wording of the documents. If the arrangement was oral, make a dated account of what was said and by whom. Do not invent missing terms. Explain changes in duties or pay so the records can be read in the right context.
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Calculate each disputed payment separately
Use a table showing the work period, payment due date, amount expected, amount received, and difference. Keep time records, schedules, pay statements, bank deposits, and communications about corrections. Distinguish unpaid wages from expense reimbursements, benefits, or other disputed amounts rather than combining everything into one unexplained figure. Mark estimates and explain their basis. A lawyer or agency can assess the calculation more efficiently when each amount can be traced to a pay term and a supporting record.
Check the deadline and the appropriate route
Texas Labor Code Section 61.051 generally requires a wage claim under the Texas Payday Law to be filed no later than the 180th day after the wages became due. Other employment claims and remedies can involve different procedures and deadlines. Ask promptly which route fits the issue, including any overtime, discrimination, retaliation, or contract questions. Do not assume an internal payroll inquiry pauses a legal deadline. Keep any agency notices and read the instructions for responding or appealing.
Protect the usefulness of your records
Keep personal copies of records you are lawfully entitled to possess, while avoiding unauthorized access to employer systems or unrelated confidential material. Save relevant emails and attachments in a form that preserves dates and context. If employment has ended, collect the separation paperwork and any proposed release. Ask what signing it would mean before accepting terms you do not understand. Bring the calculation and documents to a consultation, together with a short list of unresolved questions and the most urgent dates.
Take to your consultation
A short preparation list
- Employer details and the compensation agreement
- A separate calculation for each disputed payday
- Time records, pay statements, and payment evidence
- Agency notices, separation papers, and any proposed release
Sources consulted: Texas Workforce Commission, Texas Payday Law Coverage and Pay Agreements; Texas Labor Code, Section 61.051. Reviewed September 29, 2026.