Pay Frequency Laws in Texas: How Often Must You Be Paid?

Federal law does not establish a mandatory pay frequency requirement. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., requires only that covered employers pay employees for all hours worked at least the federal minimum wage, but does not dictate how often paychecks must be issued. The FLSA is enforced by the U.S. Department of Labor's Wage and Hour Division. Some states have stricter pay frequency rules than federal law, but absent a state law, employers may set their own pay schedules. Federal law does require that final paychecks be paid promptly upon separation, and many states impose stricter deadlines. An employer covered by the FLSA must maintain accurate wage and hour records, and pay frequency is a matter of state law regulation in states like Texas that impose specific requirements.

Under the FLSA, compensation for overtime, commissions, and bonuses must be included in calculations of the regular rate of pay when earned, but federal law does not mandate when these sums must be distributed separately from regular wages.

Texas imposes specific pay frequency requirements that go beyond federal law. Under Texas Labor Code section 61.014, employers must pay all wages owed to employees at least semi-monthly (meaning no fewer than two times per month). Section 61.016 further requires that wages be paid no later than the 5th day after the end of the pay period in which they were earned.

Texas law applies to all employers subject to the state's wage payment statutes, which covers most private and public sector employees. The state law is generally consistent with federal baseline but adds concrete timing requirements that federal law lacks. Salaried, hourly, and commissioned employees are all covered under the same frequency rules, though commissioned employees have special provisions under Texas Labor Code section 61.017 allowing payment by the 10th day of the following month if agreed to in writing.

Under section 61.025, an employer that willfully violates the pay frequency requirement is liable for the full amount of unpaid wages plus interest, and the employee may recover attorney fees and court costs. Agricultural workers are exempt from the semi-monthly requirement and instead must be paid at least monthly. Employees separated from employment must receive final payment of all wages earned, without undue delay, typically within a specified timeframe under section 61.014(b). Unlike some states, Texas does not require employers to provide pay stubs, but employers must maintain records of wages paid.

Texas Labor Code section 61.014 exempts agricultural workers from the semi-monthly requirement; they must instead be paid at least monthly. Commissioned employees are exempt from the semi-monthly requirement if the employer and employee have agreed in writing to a different frequency, provided payment is made by the 10th day of the following month. Piecework employees may have different arrangements if agreed to in writing.

Salary deductions for uniforms, tools, cash register shortages, or breakage are prohibited unless the employee agreed in writing and the deduction does not reduce the employee below minimum wage. Employers may not deduct wages as punishment for poor performance or attendance, though legal wage deductions for taxes, garnishments, and court-ordered payments are permitted.

The Texas wage payment law does not apply to employees exempt under the FLSA's executive, administrative, or professional exemptions, though those employees still must receive at least semi-monthly payment. Independent contractors are not covered by Texas wage payment laws. Employees in certain federally regulated industries, such as banking and railroads, may have different requirements under federal law, and the stricter standard applies. Union employees whose wages are governed by a collective bargaining agreement may have negotiated pay frequencies that supersede the minimum statutory requirement, provided the agreement meets or exceeds the statutory standard.

Step 1: Document the violation immediately. Keep copies of offer letters, employment contracts, pay stubs (or screenshots if digital), and any communications with your employer about pay dates. Write down the dates you were supposed to be paid and the actual dates payment was received. Record the amount owed and any days worked but unpaid. Take screenshots of online banking or payroll records showing payment timing. Maintain this documentation in a safe location outside the workplace.

Step 2: Address the issue internally before filing a complaint. Send a written email or letter to your employer or HR department requesting clarification on the pay schedule and asking when the delayed wages will be paid. Keep a copy of this communication. If the employer explains the delay or promises to correct it, document their response. Request written confirmation of the corrected pay schedule. This internal step is important because it creates a record and gives the employer an opportunity to cure the violation.

Step 3: File a wage complaint with the Texas Workforce Commission (TWC) Division of Compliance and Investigations. Visit the TWC website at www.twc.texas.gov and navigate to the wage complaint section. Alternatively, contact the TWC at 1-800-939-6282. You will need to provide: your full name and contact information, employer name and address, dates of violation, amount of wages owed, description of the pay frequency violation, copies of pay stubs or documentation, and any written communications regarding pay schedules. The filing deadline for unpaid wages is typically four years under Texas law, though two years applies for unpaid commissions.

Step 4: Expect the investigation process. The TWC will open an investigation and contact your employer for their response. This process typically takes 30-60 days, though it can extend longer if the employer contests the claim. You may be asked for additional documentation or to provide witness statements. The TWC investigator may conduct interviews with you and the employer. If the TWC finds a violation, they issue a determination letter. The employer has the right to appeal, which could extend the timeline by several months. The TWC may assess penalties against the employer and order repayment of wages.

Step 5: Consult an employment attorney if the violation is substantial, ongoing, or if the employer retaliates. An attorney can file a lawsuit under Texas Labor Code section 61.025 to recover unpaid wages, interest (typically 6% annually), attorney fees, and court costs. Many employment attorneys in Texas work on contingency for wage cases, meaning you pay no upfront fees. If your employer retaliates against you for filing a complaint, that retaliation itself violates Texas law, and an attorney can help you pursue additional claims. Attorneys are particularly valuable if the TWC process stalls or if the employer appeals.