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Texas Statute of Limitations for Unpaid Wages: Don't Miss These Deadlines

You have only 180 days to file a Texas Payday Law claim with the Texas Workforce Commission. For federal Fair Labor Standards Act (FLSA) claims, you have 2 years (or 3 years for willful violations). Missing these deadlines means permanently losing your right to recover unpaid wages.

The statute of limitations is different depending on which law applies to your claim. Understanding these deadlines is critical because even if you’re owed thousands of dollars, you cannot recover a penny if you file too late.

This guide explains exactly how long you have to file each type of wage claim in Texas.

Texas Payday Law: 180-Day Deadline

The Rule

You must file a wage claim with the Texas Workforce Commission within 180 days from the date wages were due.

This is approximately six months—an extremely short window compared to most legal deadlines.

What the 180 Days Covers

The Texas Payday Law 180-day statute of limitations applies to:

  • Late or missing paychecks
  • Unpaid final paychecks
  • Illegal paycheck deductions
  • Paystub violations
  • Payment frequency violations

Example: Your final paycheck was due March 15, 2025. You have until approximately September 11, 2025 to file a TWC complaint. After that date, your Texas Payday Law claim is time-barred.

When the Clock Starts

The 180-day deadline begins on the date wages were due, not when you discovered the problem or when employment ended.

Example 1: Final Paycheck

  • Last day of work: January 10, 2025
  • Next regular payday (when final check was due): January 31, 2025
  • 180-day deadline: Approximately July 30, 2025

The clock starts January 31 (when the check was due), not January 10 (when you quit).

Example 2: Regular Paycheck

  • Payday: February 15, 2025
  • Employer shorts you $200
  • 180-day deadline: Approximately August 14, 2025

The clock started February 15, when you should have been fully paid.

What Happens If You Miss the 180-Day Deadline

You lose your right to file a Texas Payday Law claim with TWC. The agency will dismiss your claim as untimely.

However, you may still have options:

  • Federal FLSA claims (if your claim involves minimum wage or overtime)
  • Private lawsuit under Texas Payday Law (in rare cases)
  • Common law breach of contract claims (different deadlines)

This is why identifying which law applies to your situation is critical.

Learn more: Texas Payday Law Explained

Federal FLSA: 2-Year or 3-Year Deadline

The Rule

You have 2 years from the date of violation to file a federal FLSA claim. If the violation was willful, you have 3 years.

This applies to:

  • Unpaid minimum wage
  • Unpaid overtime
  • Misclassification as exempt
  • Misclassification as independent contractor
  • Improper tip credit violations

Example: Your employer hasn’t paid overtime for the past 18 months. You’re still within the 2-year FLSA deadline and can recover all unpaid overtime from those 18 months.

Standard 2-Year Deadline

The default FLSA statute of limitations is 2 years from when the violation occurred.

When to use 2-year deadline:

  • Employer made a mistake or was unaware of violation
  • No clear evidence employer knew they were breaking the law
  • First-time violation with no prior complaints

Example: You work 50 hours per week but receive no overtime. Your employer genuinely (though incorrectly) believed you were exempt. The 2-year deadline applies.

Extended 3-Year Deadline for Willful Violations

If the employer’s violation was willful, the deadline extends to 3 years.

“Willful” means:

  • Employer knew overtime/minimum wage requirements and ignored them
  • Employer showed reckless disregard for the law
  • Employer was previously warned or cited for similar violations
  • Employer intentionally misclassified workers to avoid paying overtime

Example: Your employer has a policy stating “we don’t pay overtime” despite employees regularly working over 40 hours. This is willful. You can go back 3 years.

Evidence of willfulness:

  • Written policies denying overtime
  • Prior DOL investigations or warnings
  • Employer statements showing knowledge of requirements
  • Consistent pattern of violations across many employees

When the Clock Starts for FLSA Claims

The deadline begins on each date you should have been paid properly, creating a “rolling” statute of limitations.

Example:

  • Today’s date: November 5, 2025
  • Standard FLSA (2 years): You can recover unpaid wages back to November 5, 2023
  • Willful FLSA (3 years): You can recover back to November 5, 2022

Each week you weren’t paid correctly has its own deadline.

Example: Rolling Deadline

  • Week of January 1, 2024: Violation occurred; deadline is January 1, 2026 (or 2027 if willful)
  • Week of February 1, 2024: Violation occurred; deadline is February 1, 2026 (or 2027 if willful)
  • And so on for each week

This means you might be able to recover some weeks but not others, depending on when you file.

FLSA Covers What Texas Payday Law Doesn’t

Critical difference: Federal FLSA claims have much longer deadlines than Texas Payday Law (2-3 years vs. 180 days).

Use federal FLSA for:

  • Unpaid overtime (Texas Payday Law doesn’t cover this)
  • Minimum wage violations (Texas Payday Law doesn’t cover this)
  • Any wage violation older than 180 days

Example: You worked 50 hours per week without overtime for 2 years. It’s now been 200 days since you quit.

  • Texas Payday Law: Too late (180-day deadline passed)
  • Federal FLSA: Still timely (within 2-year deadline)

You can still file a federal claim and recover 2 years of unpaid overtime.

Learn more: Can Employer Not Pay Overtime Texas

Comparison Table: Texas vs. Federal Deadlines

Claim Type Statute of Limitations When Clock Starts What Happens If You Miss It
Texas Payday Law (TWC) 180 days Date wages were due Claim dismissed; may still have federal options
Federal FLSA (Standard) 2 years Date of each violation Cannot recover wages from violations older than 2 years
Federal FLSA (Willful) 3 years Date of each violation Cannot recover wages from violations older than 3 years
Retaliation (TWC) 180 days Date of adverse action Claim dismissed
Retaliation (Federal) 2-3 years Date of adverse action Claim time-barred

Which Deadline Applies to Your Claim?

Unpaid Overtime

Deadline: 2-3 years (federal FLSA)

Texas has no state overtime law. All overtime claims are federal.

Example: You’re owed $10,000 in unpaid overtime from the past 18 months. File with U.S. Department of Labor or file a private FLSA lawsuit. You have 2 years from each pay period.

Minimum Wage Violations

Deadline: 2-3 years (federal FLSA)

Texas minimum wage equals federal ($7.25/hour). Minimum wage violations are federal claims.

Example: You were paid $6/hour for 6 months. File a federal FLSA claim within 2 years of each pay period.

Late Final Paycheck

Deadline: 180 days (Texas Payday Law)

If your only issue is that your final check wasn’t paid on time, this is a state law issue.

Example: You quit January 15. Final check was due January 31 but not paid until March 1. File with TWC by approximately July 30.

Illegal Paycheck Deductions

Deadline: 180 days (Texas Payday Law)

Unauthorized deductions from paychecks fall under state law.

Example: Employer deducted $300 from your April 15 paycheck for a cash register shortage without authorization. File with TWC by approximately October 12.

Misclassification as Exempt or Independent Contractor

Deadline: 2-3 years (federal FLSA)

If you should have received overtime but were misclassified, this is a federal claim.

Example: Your employer called you an independent contractor but treated you like an employee, denying overtime. File federal FLSA claim within 2-3 years.

Exceptions and Special Circumstances

Continuing Violations

If wage violations are ongoing, the clock resets with each paycheck.

Example: You’re currently employed and still not receiving overtime. Each week’s violation has its own 2-year (or 3-year) deadline. You can file now and recover the past 2-3 years.

Discovery Rule

Texas and federal courts generally do not apply a “discovery rule” to wage claims. The deadline runs from when wages were due, not when you discovered the violation.

Exception: In rare cases involving fraud or concealment, courts may toll (pause) the deadline, but this is uncommon.

Tolling for Minors

If you were under 18 when violations occurred, the statute of limitations may be tolled until you turn 18. This is rare in employment cases but can apply.

Employer Bankruptcy

If your employer files for bankruptcy, special rules apply. You may need to file a proof of claim in bankruptcy court, which has different deadlines.

Written Contracts

If you have a written employment contract promising specific wages, you may have a breach of contract claim with a 4-year statute of limitations under Texas law. This is separate from Payday Law or FLSA claims.

What to Do Before Deadlines Pass

Act Immediately

Wage claim deadlines are strict. Courts and agencies rarely grant extensions.

Don’t wait because:

  • Evidence disappears over time
  • Witnesses forget details
  • Employers may close or relocate
  • Records get destroyed
  • Your memory of hours worked fades

Document Everything Now

Gather while you still can:

  • Paystubs
  • Timesheets or time clock records
  • Work schedules
  • Communications about pay (emails, texts)
  • Your own records of hours worked
  • Employment contracts or offer letters
  • Company policies on pay

Calculate What You’re Owed

Use wage calculators to estimate:

  • Unpaid overtime hours
  • Overtime rate (1.5x regular rate)
  • Total unpaid wages
  • Liquidated damages (if FLSA claim)

Learn more: Unpaid Overtime Calculator Texas

File Promptly

Don’t wait until day 179 or year 1.99. File as soon as you’ve gathered evidence and calculated damages.

Where to file:

  • Texas Workforce Commission: twc.texas.gov (for Texas Payday Law claims within 180 days)
  • U.S. Department of Labor: dol.gov/agencies/whd (for FLSA claims within 2-3 years)
  • Employment Attorney: For private lawsuits or complex claims

Consider Legal Help

Consult an attorney if:

  • Deadline is approaching and you’re unsure how to file
  • You’re owed a significant amount (over $5,000)
  • Violations are complex (multiple pay rates, bonuses, etc.)
  • Employer is retaliating against you
  • You’re not sure which law applies

Many employment attorneys offer free consultations and work on contingency or under FLSA fee-shifting rules (employer pays attorney fees if you win).

What Happens If You File Late?

Texas Payday Law (After 180 Days)

TWC will dismiss your claim as untimely. You cannot appeal based solely on missing the deadline.

Possible alternatives:

  • File federal FLSA claim if your issue involves overtime or minimum wage
  • File private lawsuit under Texas Payday Law (courts may allow this in limited circumstances)
  • Pursue breach of contract claim (4-year deadline for written contracts)

Federal FLSA (After 2-3 Years)

You permanently lose the right to recover wages from violations older than 2 years (or 3 years if willful).

Example: You file an FLSA claim on January 1, 2026. You can recover:

  • Standard (2-year): Violations from January 1, 2024 forward
  • Willful (3-year): Violations from January 1, 2023 forward

Any violations before those dates are time-barred, even if you can prove them.

Frequently Asked Questions

How long do I have to file for unpaid overtime in Texas?

You have 2 years from each pay period (or 3 years if the violation was willful) under federal FLSA. Texas has no state overtime law, so all overtime claims are federal with the 2-3 year deadline, not the 180-day Texas Payday Law deadline.

What if I’m still employed and violations are ongoing?

You can file while still employed. Each week creates a new violation with its own deadline. You can recover wages for the past 2-3 years (FLSA) or 180 days (Texas Payday Law), and the employer cannot legally retaliate against you for filing.

Can I extend the deadline if I didn’t know about the violation?

Generally no. Wage claim deadlines run from when wages were due, not when you discovered the problem. Rare exceptions exist for fraud or concealment, but these are hard to prove. Don’t count on extensions—file within the standard deadlines.

What if my employer paid me some overtime but not the correct amount?

You can file for the difference between what you received and what you should have received (1.5x your regular rate). The statute of limitations runs from each pay period when you were underpaid. Calculate the shortage for each week and file within 2-3 years.

Does the 180-day deadline apply to overtime claims?

No. The 180-day deadline is only for Texas Payday Law claims (payment timing, deductions, etc.). Overtime claims are federal FLSA claims with a 2-3 year deadline. This is a common point of confusion.

What’s the deadline for final paycheck claims?

180 days from when the final paycheck was due (the next regular payday after termination). If your employer was supposed to pay you on March 31 but didn’t, you have until approximately September 27 to file with TWC.

Related Topics

Don’t Wait—File Now

Texas Payday Law: 180 days
Federal FLSA: 2-3 years

These deadlines are absolute. Missing them means losing your wages permanently, even if you can prove every dollar owed.

File your claim:

  • Texas Workforce Commission: twc.texas.gov or call 1-800-832-9243
  • U.S. Department of Labor: dol.gov/agencies/whd or call 1-866-4-USWAGE

Gather your evidence, calculate what you’re owed, and file before time runs out.

Legal Disclaimer

This article provides general information about statute of limitations deadlines for wage claims in Texas and is not legal advice. Deadlines can vary based on specific circumstances, and missing a deadline can permanently bar your claim. If you have unpaid wages, consult an employment attorney or contact the appropriate agency immediately. Don’t delay—filing deadlines are strictly enforced.