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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum wage and overtime pay for employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.051, Labor Code, is amended to read as |
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follows: |
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Sec. 62.051. MINIMUM WAGE; OVERTIME. (a) Except as |
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provided by Section 62.057, an employer shall pay to each employee |
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who is not exempt under the federal Fair Labor Standards Act of 1938 |
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(29 U.S.C. Section 201 et seq.) at least the federal minimum wage |
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under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section |
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206), for each hour the employee works. |
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(b) For the purpose of calculating the minimum wage paid to |
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an employee, an employer may not use a method that: |
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(1) guarantees weekly pay for a variable number of |
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hours; or |
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(2) establishes a fixed salary for fluctuating hours |
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in a workweek. |
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(c) For each hour that an employee who is not exempt under |
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the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 |
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et seq.) works in a week over 40 hours, an employer shall pay the |
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employee a wage equal to at least one and one-half times the |
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employee's regular wage. |
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SECTION 2. Section 62.151, Labor Code, is amended to read as |
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follows: |
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Sec. 62.151. PERSON COVERED BY FEDERAL ACT. A [This chapter |
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and a] municipal ordinance or charter provision governing wages in |
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private employment, other than wages under a public contract, does |
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[do] not apply to a person covered by the Fair Labor Standards Act |
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of 1938 (29 U.S.C. Section 201 et seq.). |
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SECTION 3. This Act takes effect September 1, 2021. |