Texas 2015 - 84th Regular

Texas House Bill HB860 Compare Versions

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1	1	84R1382 MAW-F
2	2	By: Rodriguez of Travis H.B. No. 860
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employer retaliation against employees who seek
8	8	recovery of unpaid wages and procedures in wage claim hearings
9	9	conducted by the Texas Workforce Commission; providing
10	10	administrative penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended
13	13	by adding Sections 61.021 and 61.022 to read as follows:
14	14	Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; CAUSE OF
15	15	ACTION. (a) An employer may not suspend or terminate the
16	16	employment of, or in any other manner discipline, discriminate
17	17	against, or retaliate against an employee who in good faith seeks to
18	18	recover wages owed to the employee by:
19	19	(1) filing a complaint with a governmental entity;
20	20	(2) seeking or accepting the assistance of a nonprofit
21	21	organization or an employee rights organization;
22	22	(3) exercising or attempting to exercise a right or
23	23	remedy granted to the employee by a contract, local ordinance or
24	24	order, or federal or state law; or
25	25	(4) filing a wage claim under Subchapter D.
26	26	(b) An employee who is the subject of an adverse employment
27	27	action prohibited under Subsection (a) may bring suit against the
28	28	employer, including an action in a district court for appropriate
29	29	injunctive relief.
30	30	(c) An employee who prevails in a suit brought under this
31	31	section:
32	32	(1) may recover:
33	33	(A) reasonable damages incurred by the employee
34	34	as a result of the adverse employment action;
35	35	(B) additional damages in an amount equal to the
36	36	average wages the employee earns during a two-week period plus
37	37	$500; and
38	38	(C) court costs and reasonable attorney's fees
39	39	incurred by the employee in the suit; and
40	40	(2) is entitled to:
41	41	(A) reinstatement to the employee's former
42	42	position or a position that is comparable in terms of compensation,
43	43	benefits, and other conditions of employment; and
44	44	(B) reinstatement of any benefits and seniority
45	45	rights lost because of the suspension, termination, or other
46	46	adverse employment action.
47	47	Sec. 61.022. COMPLAINTS. (a) A person who has reason to
48	48	believe that an employer has violated Section 61.021 may file a
49	49	complaint with the commission.
50	50	(b) On receipt of a complaint, the commission shall
51	51	investigate the complaint and take appropriate enforcement action.
52	52	(c) The commission shall:
53	53	(1) adopt rules for filing a complaint under this
54	54	section;
55	55	(2) develop a simple standardized form for filing a
56	56	complaint; and
57	57	(3) ensure that the form and information regarding the
58	58	complaint process are available on the commission's Internet
59	59	website.
60	60	SECTION 2. Section 61.052(b), Labor Code, is amended to
61	61	read as follows:
62	62	(b) If a commission examiner imposes an administrative
63	63	penalty under Section 61.053 or 61.0531, the preliminary wage
64	64	determination order must include an order for payment of the
65	65	penalty.
66	66	SECTION 3. Section 61.053(a), Labor Code, is amended to
67	67	read as follows:
68	68	(a) If the commission examiner, a wage claim appeal
69	69	tribunal, or the commission determines that an employer acted in
70	70	bad faith in not paying wages as required by this chapter, the
71	71	examiner, tribunal, or commission, in addition to ordering the
72	72	payment of the wages, shall [may] assess an administrative penalty
73	73	against the employer.
74	74	SECTION 4. Subchapter D, Chapter 61, Labor Code, is amended
75	75	by adding Section 61.0531 to read as follows:
76	76	Sec. 61.0531. RETALIATION; ADMINISTRATIVE PENALTY. (a) If
77	77	after an investigation of a complaint under Section 61.022 the
78	78	commission examiner, a wage claim appeal tribunal, or the
79	79	commission determines that an employer violated Section 61.021(a),
80	80	the examiner, tribunal, or commission shall assess an
81	81	administrative penalty against the employer.
82	82	(b) The amount of an administrative penalty assessed under
83	83	this section is $1,000 for each violation.
84	84	SECTION 5. The heading to Section 61.058, Labor Code, is
85	85	amended to read as follows:
86	86	Sec. 61.058. HEARING PROCEDURES; PRESUMPTION.
87	87	SECTION 6. Section 61.058, Labor Code, is amended by
88	88	amending Subsection (a) and adding Subsections (c) and (d) to read
89	89	as follows:
90	90	(a) Except as provided by Subsections (c) and (d), a [A]
91	91	hearing conducted under this subchapter is subject to the rules and
92	92	hearings procedures used by the commission in the determination of
93	93	a claim for unemployment compensation benefits.
94	94	(c) In a hearing under this subchapter, an employer's
95	95	failure to comply with Section 62.003 or the recordkeeping
96	96	requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
97	97	Section 201 et seq.) applicable to an employee creates a rebuttable
98	98	presumption that the employee's hours worked, pay rate, and
99	99	earnings are equal to those amounts provided in the employee's
100	100	testimony or records presented at the hearing.
101	101	(d) A presumption under Subsection (c) may be rebutted by
102	102	clear and convincing evidence provided by the employer of the
103	103	employee's hours worked, pay rate, and earnings.
104	104	SECTION 7. Not later than December 1, 2015, the Texas
105	105	Workforce Commission shall adopt rules necessary to implement
106	106	Section 61.022, Labor Code, as added by this Act.
107	107	SECTION 8. Sections 61.021 and 61.022, Labor Code, as added
108	108	by this Act, apply only to an adverse employment action that is
109	109	taken by an employer against an employee on or after the effective
110	110	date of this Act. An adverse employment action taken before that
111	111	date is governed by the law in effect on the date the action was
112	112	taken, and the former law is continued in effect for that purpose.
113	113	SECTION 9. Section 61.0531, Labor Code, as added by this
114	114	Act, applies only to conduct that occurs on or after the effective
115	115	date of this Act. Conduct that occurs before that date is governed
116	116	by the law in effect on the date the conduct occurred, and the
117	117	former law is continued in effect for that purpose.
118	118	SECTION 10. Section 61.058, Labor Code, as amended by this
119	119	Act, applies only to a hearing that commences on or after the
120	120	effective date of this Act. A hearing that commences before that
121	121	date is governed by the law in effect on the date the hearing
122	122	commenced, and the former law is continued in effect for that
123	123	purpose.
124	124	SECTION 11. This Act takes effect September 1, 2015.