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A BILL TO BE ENTITLED
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AN ACT
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relating to the required earnings statement provided by employers; |
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creating civil liability; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.003, Labor Code, is transferred to |
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Subchapter B, Chapter 61, Labor Code, redesignated as Section |
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61.0181, Labor Code, and amended to read as follows: |
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Sec. 61.0181 [62.003]. EARNINGS STATEMENT; CIVIL LIABILITY |
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AND ADMINISTRATIVE PENALTY. (a) At the end of each pay period, an |
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employer shall give each employee a written or electronic earnings |
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statement covering the pay period. |
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(b) An earnings statement must be signed by the employer or |
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the employer's agent and must show: |
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(1) the name of the employee; |
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(2) the rate of pay; |
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(3) the total amount of pay earned by the employee |
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during the pay period; |
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(4) any deduction made from the employee's pay and the |
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purpose of the deduction; |
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(5) the amount of pay after all deductions are made; |
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and |
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(6) the total number of: |
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(A) hours worked by the employee if the |
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employee's pay is computed by the hour; or |
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(B) units produced by the employee during the pay |
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period if the employee's pay is computed on a piece rate. |
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(c) An earnings statement may be in any form determined by |
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the employer. The information required by Subsection (b) may be |
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stated on a check voucher or bank draft given to an employee for the |
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employee's wages. An employer who gives an electronic earnings |
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statement shall take reasonable measures to protect, secure, and, |
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if appropriate, encrypt the information required by Subsection (b). |
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(c-1) Except as provided by Subsection (c-2), an employer |
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who fails to give a written or electronic earnings statement is |
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liable to the affected employee in the amount of: |
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(1) $50 for the first pay period in which the employer |
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fails to give a written or electronic earnings statement; and |
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(2) $100 for each subsequent pay period in which the |
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employer fails to give a written or electronic earnings statement. |
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(c-2) An employer is not liable for more than $4,000 under |
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Subsection (c-1). |
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(c-3) A court shall award costs and reasonable attorney's |
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fees to an employee who prevails in an action described by |
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Subsection (c-1). |
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(c-4) If the commission determines that an employer has |
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failed to give a written or electronic earnings statement for a pay |
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period, the commission may assess an administrative penalty against |
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the employer in the amount of: |
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(1) $250 per employee for the first pay period in which |
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the employer fails to give a written or electronic earnings |
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statement; and |
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(2) $1,000 per employee for each subsequent pay period |
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in which the employer fails to give a written or electronic earnings |
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statement. |
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(d) In this section, "pay period" means the period that an |
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employee works for which salary or wages are regularly paid under |
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the employee's employment agreement. |
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SECTION 2. Section 62.053, Labor Code, is amended to read as |
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follows: |
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Sec. 62.053. COST OF MEALS OR LODGING. In computing the |
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wage paid to an employee, an employer may include the reasonable |
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cost to the employer of furnishing meals, lodging, or both to the |
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employee if: |
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(1) meals or lodging customarily are furnished by the |
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employer to employees; and |
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(2) the cost of the meals and lodging are separately |
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stated and identified in the earnings statement furnished to the |
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employee under Section 61.0181 [62.003]. |
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SECTION 3. This Act takes effect September 1, 2019. |