85R10374 SMT-D
By: Longoria H.B. No. 2510
A BILL TO BE ENTITLED
AN ACT
relating to employer retaliation against employees who seek
recovery of unpaid wages by filing a wage claim with the Texas
Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended
by adding Section 61.021 to read as follows:
Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; COMPLAINT
PROCEDURE. (a) An employer may not suspend or terminate the
employment of or in any other manner discipline, discriminate
against, or retaliate against an employee who in good faith seeks to
recover wages owed to the employee by filing a wage claim under
Subchapter D.
(b) A person who has reason to believe that an employer has
violated Subsection (a) may file a complaint with the commission.
(c) On receipt of a complaint under Subsection (b), the
commission shall investigate and dispose of the complaint in the
same manner as a wage claim under Subchapter D. The commission may
incorporate the investigation into any ongoing investigation of an
underlying wage claim filed by the employee, if applicable.
(d) The commission shall ensure that information regarding
the complaint process under this section is available on the
commission's Internet website.
SECTION 2. Subchapter D, Chapter 61, Labor Code, is amended
by adding Section 61.0531 to read as follows:
Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an
investigation of a complaint under Section 61.021(b) the commission
examiner, a wage claim appeal tribunal, or the commission
determines that an employer violated Section 61.021(a), the
examiner, tribunal, or commission shall order the employer to pay
to the employee damages in an amount equal to the greater of:
(1) $1,000; or
(2) the amount of wages ordered to be paid in the
underlying wage claim, if the payment of wages is ordered in the
underlying wage claim.
(b) Damages under Subsection (a) are in addition to any
payment of wages ordered under this subchapter.
SECTION 3. Section 61.0531, Labor Code, as added by this
Act, applies only to conduct that occurs on or after the effective
date of this Act. Conduct that occurs before that date is governed
by the law in effect on the date the conduct occurred, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.