83R6842 JSC-D
By: Thompson of Harris H.B. No. 1955
A BILL TO BE ENTITLED
AN ACT
relating to the employment of domestic workers and hotel workers;
providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. EMPLOYMENT OF DOMESTIC WORKERS AND HOTEL WORKERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Domestic worker" means an individual employed in
a home or residence for the purpose of caring for a child, serving
as a companion to a sick, convalescing, or elderly person, or
performing housekeeping, or for any other domestic service purpose.
The term does not include an individual who is engaged in providing:
(A) part-time babysitting services on a casual
basis;
(B) companionship services, as defined by
Section 13(a)(15), Fair Labor Standards Act of 1938 (29 U.S.C.
Section 213), and who is employed by an employer or agency other
than the family or household using the individual's services; or
(C) domestic services to the individual's own
parents, spouse, or child.
(3) "Domestic worker employer" means any individual
who employs one or more domestic workers in that capacity in the
individual's own home or residence.
(4) "Employer" means a domestic worker employer or a
hotel, motel, or other lodging establishment that employs one or
more workers.
(5) "Hotel worker" means a person employed by a hotel,
motel, or other lodging establishment.
(6) "Worker" means a domestic worker or a hotel
worker.
Sec. 53.002. RIGHTS UNDER OTHER LAW. The rights provided by
this chapter are cumulative of all other rights to which domestic or
hotel workers are entitled under other law.
Sec. 53.003. RULES. The commission may adopt rules for the
administration of this chapter.
SUBCHAPTER B. DUTIES OF EMPLOYERS
Sec. 53.051. MINIMUM WAGE REQUIRED. An employer may not pay
a worker a regular hourly rate of pay that is less than the minimum
wage required by law.
Sec. 53.052. COMPUTATION OF REGULAR HOURLY RATE OF PAY. If
an employer and a worker negotiate a rate of pay, the worker's
regular hourly rate of pay is computed by dividing the total dollar
amount agreed to for one week by 40.
Sec. 53.053. HOURS OF EMPLOYMENT; COMPENSATION FOR
OVERTIME. (a) An employer may not require a worker to work more
than eight hours in one workday.
(b) An agreement between an employer and a worker under
which a worker agrees to work more than eight hours in one workday
must provide that the worker is compensated at the rate of at least
1.5 times the regular hourly rate of pay for each hour worked by the
worker in excess of eight hours during any workday.
Sec. 53.054. DAY OF REST. (a) A worker is entitled to at
least 24 consecutive hours of rest each calendar week.
(b) An employer may not require a worker to work on the
worker's day of rest.
(c) An agreement between an employer and a worker under
which a worker agrees to work on the worker's day of rest must
provide that the worker is compensated at the rate of at least 1.5
times the regular hourly rate of pay for each hour worked by the
worker on that day.
Sec. 53.055. PAID SICK LEAVE AND VACATION LEAVE. (a) For
purposes of this section, "paid time off" means time off with pay
calculated at the worker's regular rate of pay for the worker's
regular hours worked on that day.
(b) A worker who regularly works at least 40 hours each week
for an employer is entitled to at least:
(1) seven days of paid time off for sick leave each
year; and
(2) five days of paid time off for vacation each year.
(c) A worker who regularly works for an employer at least 20
but less than 40 hours each week is entitled to at least three days
of paid time off for vacation each year.
(d) The dates of a vacation taken under this section must be
agreed to by the worker and employer at least 30 days before the
first day of the vacation.
Sec. 53.056. NOTICE OF TERMINATION; EXCEPTION. (a) Except
as provided by Subsection (b), an employer shall provide written
notice of termination of the worker's employment at least 14 days
before the worker's final day of employment.
(b) An employer is not required to comply with Subsection
(a) and may not be held liable for failing to comply with that
subsection if the employer terminated the worker's employment based
on the employer's reasonable, good faith belief that the worker has
committed a violation of law, including theft, destruction of
property, assault, or the abuse or neglect of a person in the
worker's care. The employer bears the burden of proof under this
subsection.
Sec. 53.057. WRITTEN NOTIFICATIONS. An employer shall
provide to a worker at the time the worker is hired a written notice
of:
(1) the employer's policies on sick leave, vacation,
personal leave, holidays, and hours of work; and
(2) the worker's rate of pay for regular and overtime
wages and the intervals at which the worker will receive wages.
Sec. 53.058. DEDUCTIONS FROM WAGES. Except as otherwise
required by law, an employer may not deduct money from a worker's
wages without written permission from the worker.
Sec. 53.059. BOOKKEEPING. An employer must keep detailed
payroll and time records of:
(1) each worker's hours worked;
(2) wages paid to each worker; and
(3) any deductions made from wages.
Sec. 53.060. PAYDAY. An employer must pay wages at least
weekly.
Sec. 53.061. RETALIATION. (a) An employer commits an
unlawful employment practice for purposes of Chapter 21 if the
employer retaliates or discriminates against a worker who, under
that chapter:
(1) opposes a discriminatory practice;
(2) makes or files a charge;
(3) files a complaint; or
(4) testifies, assists, or participates in any manner
in an investigation, proceeding, or hearing.
(b) An employer may not retaliate or discriminate against a
worker who reports unsafe working conditions or any violation of
this chapter to the commission or takes any other legal action to
remedy the unsafe working conditions or violation of this chapter.
(c) An employer may not discriminate or retaliate against a
worker who in good faith seeks to recover wages owed to the worker
by:
(1) filing a complaint with a governmental entity;
(2) seeking or accepting the assistance of a nonprofit
organization or an employee rights organization;
(3) exercising or attempting to exercise a right or
remedy granted to the worker by a contract, local ordinance or
order, or federal or state law; or
(4) filing a wage claim under Subchapter D, Chapter
61.
(d) It is a rebuttable presumption that the worker was
subjected to retaliation in violation of this section if the
adverse employment action was taken on or before the 90th day after
the date the worker takes an action described by Subsection (a),
(b), or (c).
(e) A presumption under Subsection (d) may be rebutted only
by clear and convincing evidence that the adverse employment action
was not taken for a reason prohibited under this section.
SUBCHAPTER C. WORKPLACE SAFETY
Sec. 53.101. FEDERAL LAW COMPLIANCE. (a) An employer shall
comply with federal occupational safety laws and rules.
(b) An employer shall comply with federal laws regarding
sexual harassment.
Sec. 53.102. REASONABLE BREAKS. An employer shall provide
a worker reasonable breaks based on the nature of the work and the
length of the worker's shift.
Sec. 53.103. HOTEL HOUSEKEEPER QUOTAS. An employer of
hotel workers may not require a worker performing housekeeping
duties to clean more than 15 rooms in an eight-hour shift, or the
pro rata equivalent for a shift shorter than eight hours.
Sec. 53.104. PRESUMPTION. A violation of this subchapter
creates a rebuttable presumption that any injury the worker
sustains in the workplace was caused by an unsafe working
condition.
SUBCHAPTER D. BENEFITS
Sec. 53.151. WORKERS' COMPENSATION. An employer under this
chapter shall provide workers' compensation insurance coverage for
each worker who works 40 or more hours a week.
Sec. 53.152. DISABILITY INSURANCE. An employer under this
chapter shall provide disability insurance coverage for each worker
who works 40 or more hours a week unless the worker waives the
insurance coverage.
SUBCHAPTER E. ENFORCEMENT
Sec. 53.201. ENFORCEMENT. (a) A worker who is adversely
affected by an employer's violation of this chapter may file a
written, sworn complaint with the commission. The commission shall
review and resolve a complaint filed under this subsection in the
same manner as a complaint concerning an unlawful employment
practice filed under Chapter 21.
(b) This section does not limit a worker's remedies under
another provision of this code or other law.
SECTION 2. This Act takes effect September 1, 2013.