By: Rodriguez S.B. No. 340
(In the Senate - Filed February 1, 2013; February 5, 2013,
read first time and referred to Committee on Economic Development;
March 25, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 25, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 340 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to administrative penalties assessed by the Texas
Workforce Commission against certain employers for failure to pay
wages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.053, Labor Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) If the commission examiner, a wage claim appeal
tribunal, or the commission determines that an employer acted in
bad faith in not paying wages as required by this chapter, the
examiner, tribunal, or commission, in addition to ordering the
payment of the wages, shall [may] assess an administrative penalty
against the employer.
(a-1) For purposes of Subsection (a), acts that constitute
bad faith by an employer include:
(1) a history of previous violations of this chapter;
(2) failure to pay wages to an employee as required by
this chapter as an act of discrimination or retaliation against the
employee;
(3) failure to pay wages as required by this chapter to
multiple employees at the same time;
(4) failure to pay wages to an employee as required by
this chapter knowing that the failure was a violation of state law;
or
(5) actions showing reckless disregard of the
requirements of this chapter.
SECTION 2. This Act takes effect September 1, 2013.
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