How to File a Payday Wage Claim Online. Texas Workforce Commission Regulatory Integrity Division Labor Law Department

Transcription

1 How to File a Payday Wage Claim Online Texas Workforce Commission Regulatory Integrity Division Labor Law Department 1

2 How to File a Wage Claim By Completing an Online Form Step 1: Logon to the Texas Wage Claim application by entering your User ID and password. New users can create a User ID. Online Wage Claim Step 2: Select Start New Wage Claim and complete the online form. Use this tutorial for help completing the online form. Make sure you complete and submit all requested information. Step 3: After submitting the online form, you will be able to print a cover page. Use this cover page when faxing or mailing any supporting documents. By Faxing or Mailing a Paper Form Step 1: Get a Wage Claim form, links below. You can type your information directly on the form, or print the form and complete it by hand. Wage Claim form (MS Word) Wage Claim form (PDF) You can also get a Wage Claim form at a Workforce Solutions office. Step 2: Complete the form. Make sure you sign the form. See the How to File a Wage Claim on Paper tutorial for help using the paper form. Step 3: Print the form and mail or fax to TWC, along with any supporting documents. 2

3 Completing a Payday Wage Claim Online Let s get started... To use the online Wage Claim application, go to TWC s How to Submit a Wage Claim Under Texas Payday Law webpage and select File Your Wage Claim Online. You will need to have a User ID and Password to file your wage claim online. If you already have a User ID you can sign in to view old wage claims or file a new one. If this is your first time filing an online wage claim, you must first set up a new User ID. Select Sign in for User ID to get started. Once you set up your ID and Password, you can log in and begin filling out your wage claim information. You must have INTERNET EXPLORER 11, GOOGLE CHROME 60, FIREFOX 51 or SAFARI 10 or higher to use this application. 3

4 Wage Claim When completing the Payday Wage Claim, you ll need: Information about your employer, such as business name and address, phone number, and the address where you worked. The amount of unpaid wages and how you calculated this amount. The specific dates you worked and were not paid. Make sure: You fill out each page as completely as possible. You complete the final page indicating all information is true and correct and digitally sign the claim before submitting it. You mail or fax any documentation to help support your claim. 4

5 Your wage claim may be delayed if The claim isn t complete, and detailed. Include each type of unpaid wages and how you determined the amount you are owed. There is not enough information to contact your employer. You weren t an employee of the business. If unsure of your employment status, file a claim and TWC will decide if you were an independent contractor or employee. You were employed by a close relative such as your mother, grandfather, or father-inlaw. If you re unsure, file a claim and TWC will investigate. The employer filed for bankruptcy. You can file a claim for owed wages in bankruptcy court. If you don t know, file a claim and TWC will investigate. You were employed by a federal, state, or local governmental agency such as a school district. You may be able to file a claim with USDOL. Your wage claim is filed later than 180 days after the date the unpaid wages were due to be paid. Again, you may be able to file a claim with USDOL. You file against more than one employer on one claim. File a separate wage claim for each employer. 5

6 Logon to the Online Application Logon to the Wage Claim Application or Sign Up for a New User ID Online Wage Claim 6

7 Sign Up for New User ID To set up a User ID you must provide your full name and create a User ID and Password. Make sure to set up the security questions so reset your password, if needed. You must provide an address to reset a forgotten password. Although not required, you should provide an address so we can send a notice if your claim is about to be purged due to inactivity. 7

8 Home Page Select the Submit New Wage Claim link to start your claim. Online Wage Claim 8

9 Saving Your Work If needed, you can save your work, exit the application, and return later to complete the wage claim. However, the wage claim must be completed and submitted within 14 days of the date you started the claim. If you do not complete the claim within 14 days, an will be sent as a reminder. You must provide an address to receive this notice. It is important to provide complete and accurate information so take your time and complete all the information requested. Navigation There are five pages of information to complete: Claimant Information Employer Information Employment Information Wage Information Additional Wage Information Each page must be completed in the order listed. If you forget something you can go back to any of the previous pages using the links in the Steps Section on the left side of each page. 9

10 Claimant Information Complete the Claimant Information page with information about you. We need this information so we can contact you about your claim. 10

11 Employer Information Complete the Employer Information Page with information about your employer. We need as much information as possible so we can contact your employer. In this section, you should provide: Whether the employer is still in business Your employer s home address and phone number, if known Your supervisor s name and phone number Whether your employer is in bankruptcy. If in bankruptcy, include the Chapter & Case number, where filed, and the bankruptcy attorney s contact information if you know it. Your relationship to the employer, if applicable The reason the employer gave for not paying you 11

12 Addresses Standardized Address: When entering an address, the system may give you a suggestion on how the address should be written, according to the US Post Office guidelines. You may accept the suggested changes, or continue with how you entered the address. Addresses outside the United States: If you worked in the state of Texas or for a Texas company but now are living outside the United States, or if the company you worked for has offices outside the United States, you may need to enter a foreign address. There are two lines for the address and one for the city where you can enter any information you need. Enter Texas in the State field and enter in the Zip Code/Postal Code field. Put the full foreign address in the Additional Comments section on the Additional Wage Information Page. 12

13 Employment Information Tell Us About Your Employment. On this page, you should provide: Type of work / Job title Date you started working (MM/DD/YYYY) Whether you are still working OR separated. If no longer working, enter the date you separated (MM/DD/YYYY) Reason you are no longer working Scheduled paydays (1st workday of the month OR the 1st and 15th of the month? Other?) Pay rate How much and how often were you paid (Hourly? By the Mile? Salary?) Work schedule (Hours per day, Days per week, or other schedule) Whether you worked in Texas Whether taxes were deducted 13

14 Wages Information Tell Us About Your Unpaid Wages. On this page, you should provide: The gross amount of wages owed for each of the types listed The total amount of unpaid wages claimed will calculate automatically. On the next page you will provide: The scheduled payday for the unpaid wages (Date you expected to be paid) The dates you worked for which you received no wages Use the next page to explain how you calculated the amounts claimed. Note: Expenses, per diem, and fuel reimbursements are not wages and TWC is not able to rule on those types of claims. 14

15 Additional Wages Information Tell Us About Your Unpaid Wages. In this section, you should provide: Commission/Bonus: The date wages were earned (MM/DD/YYYY) and how you calculated the amount due Fringe Benefit: The type of benefit claimed and how you calculated the amount due Deductions: Whether you signed an authorization for deductions Forward any documentation to help support your claim. If claiming Commission or Bonus, provide a copy of the employment agreement and supporting documentation. 15

16 Dates and Hours Worked Tell Us About Your Unpaid Wages: Additional Wages Information Page. At the bottom of the Additional Wages Information Page, you should provide: The beginning date of the workweek for each day worked (MM/DD/YYYY) The time you started work and when you stopped working. Include break or lunch. The number of hours worked each day The total hours worked each week You can add more sections as needed, up to 26 weeks. 16

17 Wage Claim Submission Review and Acknowledge: Review the information you entered and correct any mistakes. You must complete this page and sign for your wage claim to be accepted. Sign by typing your full name in the Declarant line. Completing this section indicates your information is true and correct. Chapter 61 Texas Labor Law Code provides that a penalty may be assessed against employers that act in bad faith in not paying wages. The same penalty can be assessed for wage claims brought in bad faith. In this section, you should provide: Your full name Your date of birth (MM/DD/YYYY) Your complete address County and State where you competed this form Date signed (MM/DD/YYYY) SIGNATURE 17

18 Submit Your Supporting Documents Fax to: Note: Most Workforce Solutions Offices have free fax services for wage claims. PDF attachments to Mail to: Texas Workforce Commission Labor Law Department 101 East 15th Street, Room 514 Austin, TX

19 Submit your Supporting Documents Any additional documents you have that support your claim can be submitted by Mail, Fax, or . Select the link at the bottom of the confirmation page to create a fax/mail cover page. Print the cover page and include it with any documents you are sending. Do not send originals. Always send good quality copies. Do not use highlighter or colored paper. Send the documents as soon as possible. Don t have a printer or scanner? Go to your nearest Workforce Solutions Office to use one there. 19

20 Contact Us if Anything Changes If you move: If your address or phone number changes, it is your responsibility to notify Labor Law in writing immediately. If you cannot be contacted, the likelihood of collecting unpaid wages will be reduced. Use the generated cover page to Mail, Fax, or your new address of phone number to TWC. Amending a Claim: If additional wages become owed by this employer before a decision is made, you can amend this claim prior to a Preliminary Wage Determination Order. To amend the claim you should Mail, Fax, or detailed information regarding the changes to us. The more information we have, the better chance we have to recover any unpaid wages you are owed. If you are paid: If the employer pays you after you filed the claim, call us and let us know. We need to know the date and amount you receive and if it was the correct amount owed. 20

21 Wage Claim Determination Process After TWC receives your wage claim form, we: 1. Review the claim: If we are not able to identify and contact your employer we may request additional information. This will delay your claim, so it s important to make sure your claim is complete and you send supporting documents. 2. Mail a copy of your claim to your employer: Your employer has 14 days to respond to the claim. If we receive a response, we send a copy of their response to you. You may provide additional information if you disagree with the employer s response. 3) Assign to an investigator: We review the information from you and your employer. If we need additional information, we will contact you at the address on the form. If you move, you must fax or mail a written change of address to the Labor Law Section. 4) Issue a determination: It can take about 12 to 14 weeks to complete the investigation. Once complete, we mail a Preliminary Wage Determination Order to you and your employer. This Order provides information on how to appeal if you claim is denied. If you or your employer disagree with the determination, you must submit an appeal within 21 days from the mail date of the Order. 5) Refer to Collections: It takes a minimum of 31 days before the determination is sent to Collections. (see slide 25 for more information) 21

22 Appeal Process If you disagree with a decision, you may appeal to the Wage Claim Appeal Tribunal. The Appeal Tribunal may amend, modify or reverse a Preliminary Wage Determination Order. Submit your appeal online, by fax, or by mail within 21 calendar days of the date we mailed you the Preliminary Wage Determination Order. TWC will use the postmark date or the date we receive the fax or online form to determine whether your appeal is timely. If you fax or submit your appeal online, retain a copy of your confirmation as proof of transmission. Submit online at: Fax to: Mail to: TWC Special Hearings Department 101 East 15th Street Austin, Texas You cannot file an appeal by or over the phone. 22

23 Commission Review If you disagree with the results of the Wage Claim Appeal Tribunal, you may request a Commission Review. Submit your appeal online, by fax, or by mail within 14 calendar days of the date we mailed you the Wage Claim Appeal Tribunal decision. Motion for Rehearing If you disagree with the Commission decision, you may request a Motion for Rehearing within 14 calendar days after the date we mailed you the Commission Decision. TWC will grant the Motion for Rehearing only if you show: Important new information about your case A compelling reason why you did not present the new information earlier Why you think the new information could change the Commission decision Submit online at: Fax to: Mail to: TWC Commission Appeals 101 East 15th Street, Room 678 Austin, Texas TWC will use the postmark date or the date we receive the fax or online form to determine whether your appeal is timely. If you fax or submit your appeal online, retain a copy of your confirmation as proof of transmission. 23

24 Appeal to a Civil Court You may appeal to a civil court within 30 calendar days after the date TWC mailed you the Commission decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court. The instructions for submitting an appeal to a civil court are included with the Commission decision. If you win your Commission Appeal and the losing party appeals to civil court, it is important that you cooperate with TWC and the Attorney General, who will represent TWC in the civil court proceeding. Failure to cooperate fully with the Attorney General in the civil court process could result in the case being reversed. Also, since the Attorney General can, by law, only represent TWC, you may wish to hire your own attorney. If wages were ordered by prior Hearings/Reviews, an escrow account will be created and wages will be held until the outcome of the Judicial Review. 24

25 Collections Wage amounts awarded in wage claim cases are not paid from state funds. Any monies due must be collected from the employer before they can be sent to you. TWC s Collection Department will attempt to collect the wages owed from your employer. Collection actions cannot begin until a Preliminary Wage Determination Order is final. This takes at least 31 days after the date the determination is mailed (21 days to become final plus 10 days for receipt of an appeal). If an appeal is filed, the determination is set aside and a new decision will be made by the appeal. After a determination is final (i.e. 31 days after we mail the determination and no appeal is filed OR the order was appealed and affirmed in your favor), your claim is sent to Collections if wages are owed to you and remain unpaid. Collections will first send a demand letter to the employer regarding the amount that is owed. You will receive a copy of this notice for your records. If money is collected, the Texas State Comptroller will send you a check for the amount awarded in the determination order. Make sure TWC has your current address to get your check. If the money cannot be collected, TWC may file a lien or bank levy against the employer. Any information you submit regarding the employer s assets will be used in collection efforts, as allowed by law. Note: TWC may demand from the employer a deposit of a bond to secure wage payments against future wage claim violations for a period of up to three years. 25

26 Need Help? If you have questions or need to amend your claim, call the Texas Labor Law Department at WAGE (9243) or TDD for the hearing impaired, call Find more information at our website:

27 Resources If for some reason TWC can t accept your claim, here are alternatives to seek owed wages: Contact the US Department of Labor, Wage and Hour Division (USDOL): USDOL can assist with minimum wage and overtime claims if you re covered by the Fair Labor Standards Act USDOL can assist in cases where your employer is a public entity Claims can be filed within 2 years of when the wages were owed (Texas law provides 180 days) File suit in your county s Civil / Small Claims Court: There is a small filing fee There is a limit on the amount of owed wages you may be awarded You may be covered by civil and contract law in addition to the Texas Payday Law You should check with an attorney for more information File with the Bankruptcy Court if applicable: If your employer has declared bankruptcy, you must file a claim with the bankruptcy court Seek Arbitration: If you seek arbitration, be aware that you must follow the instructions in the arbitration agreement 27