Texas Workforce Commission is supposed to enforce the Texas statutes regarding wages. TWC provides a helpful summary of the Texas Pay Day statute. See the TWC summary here. But, their summary does not answer one frequently asked question, when must an employer pay the last paycheck?  I am asked this often, since many employers withhold the last paycheck until the employee turns in his tools, pays for a damaged rear view mirror, turns in her uniforms, or whatever.

The employer has no choice. The employer must pay the last paycheck within six days of the last day of employment. See Texas Labor Code. Art. 61.014. But, what happens to an employer if they do not meet the six day deadline? Not much. The employer can incur a criminal penalty, but who will enforce that law and seek a criminal penalty? In reality, no one does. Most District Attorney’s are far too busy to prosecute a crime they see as relatively minor.