| 1 | 1 | | 85R10374 SMT-D |
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| 2 | 2 | | By: Longoria H.B. No. 2510 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to employer retaliation against employees who seek |
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| 8 | 8 | | recovery of unpaid wages by filing a wage claim with the Texas |
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| 9 | 9 | | Workforce Commission. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended |
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| 12 | 12 | | by adding Section 61.021 to read as follows: |
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| 13 | 13 | | Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; COMPLAINT |
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| 14 | 14 | | PROCEDURE. (a) An employer may not suspend or terminate the |
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| 15 | 15 | | employment of or in any other manner discipline, discriminate |
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| 16 | 16 | | against, or retaliate against an employee who in good faith seeks to |
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| 17 | 17 | | recover wages owed to the employee by filing a wage claim under |
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| 18 | 18 | | Subchapter D. |
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| 19 | 19 | | (b) A person who has reason to believe that an employer has |
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| 20 | 20 | | violated Subsection (a) may file a complaint with the commission. |
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| 21 | 21 | | (c) On receipt of a complaint under Subsection (b), the |
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| 22 | 22 | | commission shall investigate and dispose of the complaint in the |
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| 23 | 23 | | same manner as a wage claim under Subchapter D. The commission may |
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| 24 | 24 | | incorporate the investigation into any ongoing investigation of an |
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| 25 | 25 | | underlying wage claim filed by the employee, if applicable. |
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| 26 | 26 | | (d) The commission shall ensure that information regarding |
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| 27 | 27 | | the complaint process under this section is available on the |
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| 28 | 28 | | commission's Internet website. |
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| 29 | 29 | | SECTION 2. Subchapter D, Chapter 61, Labor Code, is amended |
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| 30 | 30 | | by adding Section 61.0531 to read as follows: |
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| 31 | 31 | | Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an |
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| 32 | 32 | | investigation of a complaint under Section 61.021(b) the commission |
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| 33 | 33 | | examiner, a wage claim appeal tribunal, or the commission |
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| 34 | 34 | | determines that an employer violated Section 61.021(a), the |
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| 35 | 35 | | examiner, tribunal, or commission shall order the employer to pay |
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| 36 | 36 | | to the employee damages in an amount equal to the greater of: |
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| 37 | 37 | | (1) $1,000; or |
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| 38 | 38 | | (2) the amount of wages ordered to be paid in the |
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| 39 | 39 | | underlying wage claim, if the payment of wages is ordered in the |
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| 40 | 40 | | underlying wage claim. |
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| 41 | 41 | | (b) Damages under Subsection (a) are in addition to any |
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| 42 | 42 | | payment of wages ordered under this subchapter. |
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| 43 | 43 | | SECTION 3. Section 61.0531, Labor Code, as added by this |
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| 44 | 44 | | Act, applies only to conduct that occurs on or after the effective |
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| 45 | 45 | | date of this Act. Conduct that occurs before that date is governed |
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| 46 | 46 | | by the law in effect on the date the conduct occurred, and the |
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| 47 | 47 | | former law is continued in effect for that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2017. |
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