Wage Claim Process

When a wage claim is received by the Labor Law Section, the claimant is notified in the mail that it has been received and is given an estimate of the date by which the Texas Workforce Commission (TWC) will issue a Preliminary Wage Determination Order (PWDO). Simultaneously, the employer is notified that a wage claim was filed, and a response to that claim is requested.

Once a wage claim is in the process of being investigated, an investigator may contact either party if additional information is needed.

Based on the investigation, TWC will issue a PWDO. Both the claimant and the employer will have appeal rights to the PWDO.

If you choose to appeal the PWDO, you must send a written request within 21 calendar days from the date the PWDO is dated. If you file your appeal by fax, then the appeal date shall be the date and time the appeal is received by the Agency. If neither the claimant nor the employer requests an appeal or judicial review, and if the amount ordered due is not submitted by the employer within 30 days after the date of the PWDO, the PWDO will become a Final Order. Our Collections Unit will pursue collection action of the amount from the employer.

Wage amounts awarded in wage claim cases are not drawn from state funds. Any monies that are determined due to a claimant must first be collected from the employer before they are paid out.

If the money cannot be collected, then a lien may be filed as a permanent record of the debt owed to the claimant by the employer. Any money collected on a claimant’s behalf will be forwarded to the most current address we have on file. It is the claimant’s responsibility to notify TWC in writing if his or her address or telephone number changes at any time.