| 1 | 1 | | By: Rodriguez, et al. S.B. No. 340 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to administrative penalties assessed by the Texas |
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| 7 | 7 | | Workforce Commission against certain employers for failure to pay |
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| 8 | 8 | | wages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 61.053, Labor Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) If the commission examiner, a wage claim appeal |
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| 14 | 14 | | tribunal, or the commission determines that an employer acted in |
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| 15 | 15 | | bad faith in not paying wages as required by this chapter, the |
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| 16 | 16 | | examiner, tribunal, or commission, in addition to ordering the |
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| 17 | 17 | | payment of the wages, shall [may] assess an administrative penalty |
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| 18 | 18 | | against the employer. |
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| 19 | 19 | | (a-1) For purposes of Subsection (a), acts that constitute |
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| 20 | 20 | | bad faith by an employer include: |
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| 21 | 21 | | (1) a history of previous violations of this chapter; |
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| 22 | 22 | | (2) failure to pay wages to an employee as required by |
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| 23 | 23 | | this chapter as an act of discrimination or retaliation against the |
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| 24 | 24 | | employee; |
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| 25 | 25 | | (3) failure to pay wages as required by this chapter to |
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| 26 | 26 | | multiple employees at the same time; |
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| 27 | 27 | | (4) failure to pay wages to an employee as required by |
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| 28 | 28 | | this chapter knowing that the failure was a violation of state law; |
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| 29 | 29 | | or |
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| 30 | 30 | | (5) actions showing reckless disregard of the |
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| 31 | 31 | | requirements of this chapter. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2013. |
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