Texas 2017 - 85th Regular

Texas House Bill HB1925 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7755 SMT-F
2	2	By: Rodriguez of Travis H.B. No. 1925
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.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended
12	12	by adding Sections 61.021 and 61.022 to read as follows:
13	13	Sec. 61.021. EMPLOYER RETALIATION PROHIBITED. An employer
14	14	may not suspend or terminate the employment of or in any other
15	15	manner discipline, discriminate against, or retaliate against an
16	16	employee who in good faith seeks to recover wages owed to the
17	17	employee by:
18	18	(1) filing a complaint with a governmental entity;
19	19	(2) seeking or accepting the assistance of a nonprofit
20	20	organization, an employee rights organization, or an attorney;
21	21	(3) exercising or attempting to exercise a right or
22	22	remedy granted to the employee by a contract, local ordinance or
23	23	order, or federal or state law; or
24	24	(4) filing a wage claim under Subchapter D.
25	25	Sec. 61.022. COMPLAINTS REGARDING EMPLOYER RETALIATION.
26	26	(a) A person who has reason to believe that an employer has
27	27	violated Section 61.021 may file a complaint with the commission.
28	28	(b) On receipt of a complaint, the commission shall
29	29	investigate and dispose of the complaint in the same manner as a
30	30	wage claim under Subchapter D. The commission may incorporate the
31	31	investigation into any ongoing investigation of an underlying wage
32	32	claim filed by the employee, if applicable.
33	33	(c) The commission shall ensure that information regarding
34	34	the complaint process is available on the commission's Internet
35	35	website.
36	36	SECTION 2. Section 61.053(a), Labor Code, is amended to
37	37	read as follows:
38	38	(a) If the commission examiner, a wage claim appeal
39	39	tribunal, or the commission determines that an employer acted in
40	40	bad faith in not paying wages as required by this chapter, the
41	41	examiner, tribunal, or commission, in addition to ordering the
42	42	payment of the wages, shall [may] assess an administrative penalty
43	43	against the employer.
44	44	SECTION 3. Subchapter D, Chapter 61, Labor Code, is amended
45	45	by adding Section 61.0531 to read as follows:
46	46	Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an
47	47	investigation of a complaint under Section 61.022 the commission
48	48	examiner, a wage claim appeal tribunal, or the commission
49	49	determines that an employer violated Section 61.021, the examiner,
50	50	tribunal, or commission shall order the employer to pay to the
51	51	employee damages in an amount equal to the greater of $1,000 or the
52	52	amount of wages owed to the employee.
53	53	(b) Damages under Subsection (a) are in addition to any
54	54	payment of wages ordered under this subchapter.
55	55	SECTION 4. The heading to Section 61.058, Labor Code, is
56	56	amended to read as follows:
57	57	Sec. 61.058. HEARING PROCEDURES; PRESUMPTION.
58	58	SECTION 5. Section 61.058, Labor Code, is amended by
59	59	amending Subsection (a) and adding Subsections (c) and (d) to read
60	60	as follows:
61	61	(a) Except as provided by Subsections (c) and (d), a [A]
62	62	hearing conducted under this subchapter is subject to the rules and
63	63	hearings procedures used by the commission in the determination of
64	64	a claim for unemployment compensation benefits.
65	65	(c) In a hearing under this subchapter, an employer's
66	66	failure to comply with Section 62.003 or the recordkeeping
67	67	requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
68	68	Section 201 et seq.) applicable to an employee creates a rebuttable
69	69	presumption that the employee's hours worked, pay rate, and
70	70	earnings are equal to those amounts provided in the employee's
71	71	testimony or records presented at the hearing.
72	72	(d) A presumption under Subsection (c) may be rebutted by
73	73	clear and convincing evidence provided by the employer of the
74	74	employee's hours worked, pay rate, and earnings.
75	75	SECTION 6. Not later than December 1, 2017, the Texas
76	76	Workforce Commission shall adopt rules necessary to implement
77	77	Section 61.022, Labor Code, as added by this Act.
78	78	SECTION 7. Sections 61.021 and 61.022, Labor Code, as added
79	79	by this Act, apply only to an adverse employment action that is
80	80	taken by an employer against an employee on or after the effective
81	81	date of this Act. An adverse employment action taken before that
82	82	date is governed by the law in effect on the date the action was
83	83	taken, and the former law is continued in effect for that purpose.
84	84	SECTION 8. Section 61.0531, Labor Code, as added by this
85	85	Act, applies only to conduct that occurs on or after the effective
86	86	date of this Act. Conduct that occurs before that date is governed
87	87	by the law in effect on the date the conduct occurred, and the
88	88	former law is continued in effect for that purpose.
89	89	SECTION 9. Section 61.058, Labor Code, as amended by this
90	90	Act, applies only to a hearing that commences on or after the
91	91	effective date of this Act. A hearing that commences before that
92	92	date is governed by the law in effect on the date the hearing
93	93	commenced, and the former law is continued in effect for that
94	94	purpose.
95	95	SECTION 10. This Act takes effect September 1, 2017.