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A BILL TO BE ENTITLED
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AN ACT
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relating to employer retaliation against employees who seek |
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recovery of unpaid wages and procedures in wage claim hearings |
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conducted by the Texas Workforce Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended |
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by adding Sections 61.021 and 61.022 to read as follows: |
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Sec. 61.021. EMPLOYER RETALIATION PROHIBITED. An employer |
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may not suspend or terminate the employment of or in any other |
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manner discipline, discriminate against, or retaliate against an |
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employee who in good faith seeks to recover wages owed to the |
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employee by: |
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(1) filing a complaint with a governmental entity; |
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(2) seeking or accepting the assistance of a nonprofit |
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organization, an employee rights organization, or an attorney; |
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(3) exercising or attempting to exercise a right or |
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remedy granted to the employee by a contract, local ordinance or |
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order, or federal or state law; or |
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(4) filing a wage claim under Subchapter D. |
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Sec. 61.022. COMPLAINTS REGARDING EMPLOYER RETALIATION. |
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(a) A person who has reason to believe that an employer has |
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violated Section 61.021 may file a complaint with the commission. |
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(b) On receipt of a complaint, the commission shall |
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investigate and dispose of the complaint in the same manner as a |
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wage claim under Subchapter D. The commission may incorporate the |
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investigation into any ongoing investigation of an underlying wage |
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claim filed by the employee, if applicable. |
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(c) The commission shall ensure that information regarding |
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the complaint process is available on the commission's Internet |
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website. |
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SECTION 2. Section 61.053(a), Labor Code, is amended to |
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read as 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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SECTION 3. Subchapter D, Chapter 61, Labor Code, is amended |
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by adding Section 61.0531 to read as follows: |
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Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an |
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investigation of a complaint under Section 61.022 the commission |
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examiner, a wage claim appeal tribunal, or the commission |
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determines that an employer violated Section 61.021, the examiner, |
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tribunal, or commission shall order the employer to pay to the |
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employee damages in an amount equal to the greater of $1,000 or the |
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amount of wages owed to the employee. |
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(b) Damages under Subsection (a) are in addition to any |
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payment of wages ordered under this subchapter. |
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SECTION 4. The heading to Section 61.058, Labor Code, is |
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amended to read as follows: |
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Sec. 61.058. HEARING PROCEDURES; PRESUMPTION. |
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SECTION 5. Section 61.058, Labor Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) Except as provided by Subsections (c) and (d), a [A] |
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hearing conducted under this subchapter is subject to the rules and |
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hearings procedures used by the commission in the determination of |
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a claim for unemployment compensation benefits. |
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(c) In a hearing under this subchapter, an employer's |
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failure to comply with Section 62.003 or the recordkeeping |
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requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. |
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Section 201 et seq.) applicable to an employee creates a rebuttable |
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presumption that the employee's hours worked, pay rate, and |
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earnings are equal to those amounts provided in the employee's |
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testimony or records presented at the hearing. |
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(d) A presumption under Subsection (c) may be rebutted by |
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clear and convincing evidence provided by the employer of the |
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employee's hours worked, pay rate, and earnings. |
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SECTION 6. Not later than December 1, 2017, the Texas |
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Workforce Commission shall adopt rules necessary to implement |
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Section 61.022, Labor Code, as added by this Act. |
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SECTION 7. Sections 61.021 and 61.022, Labor Code, as added |
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by this Act, apply only to an adverse employment action that is |
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taken by an employer against an employee on or after the effective |
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date of this Act. An adverse employment action taken before that |
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date is governed by the law in effect on the date the action was |
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taken, and the former law is continued in effect for that purpose. |
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SECTION 8. Section 61.0531, Labor Code, as added by this |
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Act, applies only to conduct that occurs on or after the effective |
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date of this Act. Conduct that occurs before that date is governed |
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by the law in effect on the date the conduct occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 9. Section 61.058, Labor Code, as amended by this |
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Act, applies only to a hearing that commences on or after the |
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effective date of this Act. A hearing that commences before that |
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date is governed by the law in effect on the date the hearing |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 10. This Act takes effect September 1, 2017. |