State labor laws in Texas are enforced by the Texas Workforce Commission. The Commission is charged with the responsibility of adjudicating wage and child labor law complaints. Texas employers are required to abide by the Texas Payday Law which is located within Chapter 61 of the Texas State Labor Code and the Texas Minimum Wage Act which is located in Chapter 62 of the Texas State Labor Code. Texas employees who have experienced unfair labor practices may file a claim with the Commission.
Read the law. By knowing the rights and responsibilities under the law potential claimants will know what constitutes an unfair labor wage action in Texas. This will help avoid unnecessary complaints. For instance, according to Texas law, employers can make deductions from employee pay provided that the employee has provided written authorization. An employee who files a compliant without realizing that part of his new-hire paperwork included this authorization is spending time and effort in the complaint process that could otherwise be avoided.
Contact your employer. The Texas Workforce Commission advises potential claimant to discuss problems with their employer prior to filing a complaint. The Commission states that problems can often be cleared up through this discussion.
Download a claim form. Aggrieved employees may download a copy of the wage claim form from the website of the Texas Workforce Commission. Claimants are advised to carefully follow the instructions on the wage claim cover sheet. For example, to properly submit a wage claim an employee must act within 180 day of their pay check being withheld.
In addition to wage claim complaints, the Workforce Commission also accepts child labor complaints. The child labor complaint form is available from the Commission website.
Submit the claim. Both wage and child labor complaint forms include an address where the claim should be mailed.
Tips & Warnings
- Texas employees may also be eligible seek action under the provisions of federal law. The United States Department of Labor Wage and Hour Division maintains five Texas offices which are located in Dallas, Houston, McAllen, Corpus Christi and San Antonio. The United State Department of Labor has responsibilities for enforcing the Family Leave Act, federal minimum wage laws, overtime pay issues and migrant worker policies.
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