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Senate Bill 1408 |
Senate Author: Estes |
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Effective: 9-1-05 |
House Sponsor: Cook, Byron |
Senate Bill 1408 amends provisions of the Labor Code relating to wage claims before the Texas Workforce Commission (commission). The bill requires an examiner employed by the commission, rather than the commission, to investigate a wage claim and issue a preliminary wage determination order. It requires the commission to establish one or more impartial wage claim appeal tribunals to hear and decide on the appeals of orders if the commission determines that establishment of the tribunals is necessary to ensure prompt disposal of wage claims cases on appeal. The bill requires each tribunal to be composed of a salaried examiner appointed by the commission. The bill amends provisions relating to a determination of bad faith by an employer in not paying wages as required to provide that the determination is made by the commission examiner, a wage claim appeal tribunal, or the commission, rather than solely by the commission. The bill provides procedures for the removal or transfer of claims pending before wage claim appeal tribunals, commission review of a tribunal order, and distribution of the notice of commission action, and provides for the finality of a commission order 14 days after the date the order is mailed, with certain exceptions. The bill also provides that notwithstanding the selection of the commission chair by the governor, the member of the commission who represents the public shall serve as chair when the commission acts under the law governing wage claims.