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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative penalties assessed by the Texas |
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Workforce Commission against certain employers for failure to pay |
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wages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.053, Labor Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) If the commission examiner, a wage claim appeal |
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tribunal, or the commission determines that an employer acted in |
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bad faith in not paying wages as required by this chapter, the |
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examiner, tribunal, or commission, in addition to ordering the |
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payment of the wages, shall [may] assess an administrative penalty |
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against the employer. |
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(a-1) For purposes of Subsection (a), acts that constitute |
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bad faith by an employer include: |
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(1) a history of previous violations of this chapter; |
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(2) failure to pay wages to an employee as required by |
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this chapter as an act of discrimination or retaliation against the |
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employee; |
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(3) failure to pay wages as required by this chapter to |
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multiple employees at the same time; |
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(4) failure to pay wages to an employee as required by |
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this chapter knowing that the failure was a violation of state law; |
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or |
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(5) actions showing reckless disregard of the |
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requirements of this chapter, including: |
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(A) repeatedly: |
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(i) failing to reply to correspondence from |
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a commission examiner, wage claim appeal tribunal, or the |
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commission related to a wage claim; or |
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(ii) refusing to participate in the wage |
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claim process; |
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(B) issuing a check for the payment of wages from |
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an account that is closed or has insufficient funds; |
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(C) stopping payment of a check issued to an |
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employee for the payment of wages; or |
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(D) unreasonably withholding or delaying payment |
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of wages, including by conditioning the payment of wages owed on the |
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performance of additional work. |
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SECTION 2. This Act takes effect September 1, 2021. |