| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to employer retaliation against employees who seek |
|
|
recovery of unpaid wages by filing a wage claim with the Texas |
|
|
Workforce Commission. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended |
|
|
by adding Section 61.021 to read as follows: |
|
|
Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; COMPLAINT |
|
|
PROCEDURE. (a) An employer may not suspend or terminate the |
|
|
employment of or in any other manner discipline, discriminate |
|
|
against, or retaliate against an employee who in good faith seeks to |
|
|
recover wages owed to the employee by filing a wage claim under |
|
|
Subchapter D. |
|
|
(b) A person who has reason to believe that an employer has |
|
|
violated Subsection (a) may file a complaint with the commission. |
|
|
(c) On receipt of a complaint under Subsection (b), the |
|
|
commission shall investigate and dispose of the complaint in the |
|
|
same manner as a wage claim under Subchapter D. The commission may |
|
|
incorporate the investigation into any ongoing investigation of an |
|
|
underlying wage claim filed by the employee, if applicable. |
|
|
(d) The commission shall ensure that information regarding |
|
|
the complaint process under this section is available on the |
|
|
commission's Internet website. |
|
|
SECTION 2. Subchapter D, Chapter 61, Labor Code, is amended |
|
|
by adding Section 61.0531 to read as follows: |
|
|
Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an |
|
|
investigation of a complaint under Section 61.021(b) the commission |
|
|
examiner, a wage claim appeal tribunal, or the commission |
|
|
determines that an employer violated Section 61.021(a), the |
|
|
examiner, tribunal, or commission shall order the employer to pay |
|
|
to the employee damages in an amount equal to the greater of: |
|
|
(1) $1,000; or |
|
|
(2) the amount of wages ordered to be paid in the |
|
|
underlying wage claim, if the payment of wages is ordered in the |
|
|
underlying wage claim. |
|
|
(b) Damages under Subsection (a) are in addition to any |
|
|
payment of wages ordered under this subchapter. |
|
|
SECTION 3. Section 61.0531, Labor Code, as added by this |
|
|
Act, applies only to conduct that occurs on or after the effective |
|
|
date of this Act. Conduct that occurs before that date is governed |
|
|
by the law in effect on the date the conduct occurred, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |