416 W. 11th Street

Austin, TX 78701

(512) 854-9400

What is Wage Theft

Wage theft occurs when a worker is not paid what they are owed under the law or under an agreement made with their employer. Sometimes an employer’s nonpayment of wages may constitute criminal conduct and fall under TCDA’s authority to prosecute. In other instances, a wage theft claim may fall under the enforcement authority of the Texas Workforce Commission or the U.S. Department of Labor’s Wage and Hour Division.

 

Because many of these cases may involve legal violations that do not constitute a criminal offense, we encourage individuals who have experienced wage theft to also consider filing claims with the Texas Workforce Commission, the U.S. Department of Labor, or to seek the advice of other private attorneys or legal services organizations that handle non-criminal employment cases.

When to Report a Wage Theft Case to TCDA 

TCDA only has the authority to prosecute crimes that occur in Travis County, Texas. Wage theft victims who have performed work in other parts of the state without pay should file complaints with the Texas Workforce Commission, the U.S. Department of Labor, or their local law enforcement agency.

 

If a wage theft complaint occurred in Travis County, Texas, wage theft victims should send a demand letter to their employer asking for payment of the wages owed to them before they file a complaint with TCDA. This letter must be sent via certified mail with a return receipt requested and should include:

 

        • The worker’s full name
        • Dates worked for the employer
        • Information about where the work was performed
        • Information about the type of work performed
        • The amount of wages owed
        • The dates worked for which the worker is still owed wages

TCDA may not be able to accept a wage theft complaint until a demand letter has been sent by certified mail with a return receipt. (Learn more about certified mail from the USPS website). Be sure to make a copy of the demand letter and the certified mail receipt before it is sent and keep those documents for your records.

How to Report a Wage Theft Complaint to TCDA 

If you would like to report a wage theft complaint to TCDA, please submit a Request to Investigate form to our office. When submitting this form, please also attach any other supporting documentation that you have that relates to your complaint, including copies of the demand letter and the certified mail return receipt (green postcard), text messages or emails with your employer that relate to the wages owed, pay stubs and paychecks received, attendance sheets or hour logs, and any other proof you may have that relates to work performed without pay.

 

Please be aware that the law may require our office to disclose information that it receives about a wage theft complaint to other parties, including the employer. TCDA cannot guarantee that information or materials provided to us about a wage theft complaint will be kept confidential.

 

A Request to Investigate form may be submitted to TCDA online:

PDF versions of this form are also available: English form (PDF) or Formulario en español (PDF).

Request to Investigate forms and any supporting documentation relating to a wage theft complaint may also be sent to:

 

Travis County District Attorney’s Office
Public Integrity & Complex Crimes
PO Box 1748
Austin, TX 78767
TCDAwagetheft@traviscountytx.gov
Fax: 512-854-4810

 

For more information, please contact TCDAwagetheft@traviscountytx.gov.

Skip to content