Texas 2017 - 85th 1st C.S.

Texas House Bill HB391 Compare Versions

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

Old	New	Differences
1	1	By: Arévalo H.B. No. 391
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to employee rights and protections; providing a civil
7	7	penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS
10	10	SECTION 1.01. SHORT TITLE. This Act shall be known as the
11	11	Texas Fair Shot Act.
12	12	SECTION 1.02. PREAMBLE. In order to improve the lives of
13	13	all Texans, the Legislature should pass significant legislation
14	14	that promises a fair shot for everyone. Advancing economic
15	15	opportunity and protecting the rights of workers includes
16	16	increasing the minimum wage, securing paid family leave for all
17	17	Texans, fighting against wage theft, and addressing the glaring pay
18	18	gap between male and female workers in Texas.
19	19	SECTION 1.03. FINDINGS. Texas' minimum wage law is tied to
20	20	the federal minimum wage. The current federal minimum wage of $7.25
21	21	per hour is not enough pay for Texans to provide for their families.
22	22	In the absence of an increased federal minimum wage, it is the
23	23	responsibility of the Texas Legislature to ensure that all Texans
24	24	earn a livable wage. A wage of $15 per hour can help guarantee if a
25	25	Texan is working a full-time job, he or she will be able to afford
26	26	rent, food, child care, health care, and other critical
27	27	necessities. With more money in their pockets, Texas workers will
28	28	spend more on goods and services, generating greater economic
29	29	activity for all.
30	30	Eight out of every ten workers in Texas has no access to paid
31	31	family leave. Without it, moms and dads are forced to go back to
32	32	work too soon after the birth of their child. Having to choose
33	33	between providing for one's family and spending time with a newborn
34	34	is a choice no Texan should have to make. The Legislature finds
35	35	that ensuring all Texas workers have at least eight weeks of paid
36	36	family leave upon the birth, adoption, or placement of a child will
37	37	help individual Texans live more fulfilling lives, encourage them
38	38	to stay in their job, and provide for more stability in the Texas
39	39	economy overall.
40	40	In Texas, it is not uncommon for workers, particularly
41	41	low-income workers, to be robbed of their wages. Whether it is
42	42	through misclassifying workers, failing to reimburse workers for
43	43	overtime work, or altogether not paying employees, the Texas
44	44	Legislature cannot allow employers to continue committing wage
45	45	theft. It is the responsibility of the Texas Legislature to ensure
46	46	that Texas workers are being justly paid for the work they are
47	47	doing.
48	48	All Texas workers should be treated equally when it comes to
49	49	pay. Yet, women are paid only 79 cents for every dollar a man earns.
50	50	That figure is worse for women of color: 59 cents for Black women
51	51	and 44 cents for Hispanic women. The legislature should ensure that
52	52	female workers are not experiencing discrimination in their wages,
53	53	and pursue policies that combat discrimination and openness so that
54	54	Texans who working hard are properly and equally valued for their
55	55	work.
56	56	ARTICLE 2. DISCRIMINATION IN PAYMENT OF COMPENSATION
57	57	SECTION 2.01. Subchapter C, Chapter 21, Labor Code, is
58	58	amended by adding Section 21.1061 to read as follows:
59	59	Sec. 21.1061. SEX DISCRIMINATION IN COMPENSATION. For
60	60	purposes of this chapter, a violation of Chapter 24 is considered to
61	61	be discrimination on the basis of sex.
62	62	SECTION 2.02. Section 21.202(a), Labor Code, is amended to
63	63	read as follows:
64	64	(a) A complaint under this subchapter must be filed not
65	65	later than the 180th day after the date the alleged unlawful
66	66	employment practice occurred. With respect to an allegation of
67	67	discrimination in payment of compensation in violation of this
68	68	chapter, an unlawful employment practice occurs each time:
69	69	(1) a discriminatory compensation decision or other
70	70	practice is adopted;
71	71	(2) an individual becomes subject to a discriminatory
72	72	compensation decision or other practice; or
73	73	(3) an individual is adversely affected by application
74	74	of a discriminatory compensation decision or other practice,
75	75	including each time wages affected wholly or partly by the decision
76	76	or other practice are paid.
77	77	SECTION 2.03. Section 21.258, Labor Code, is amended by
78	78	adding Subsection (d) to read as follows:
79	79	(d) Liability may accrue, and an aggrieved person may obtain
80	80	relief as provided by this subchapter, including recovery of back
81	81	pay for the period allowed under this section, if the unlawful
82	82	employment practices that have occurred during the period for
83	83	filing a complaint are similar or related to unlawful employment
84	84	practices with regard to discrimination in payment of compensation
85	85	that occurred outside the period for filing a complaint.
86	86	SECTION 2.04. Subtitle A, Title 2, Labor Code, is amended by
87	87	adding Chapter 24 to read as follows:
88	88	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
89	89	Sec. 24.001. DEFINITIONS. In this chapter:
90	90	(1) "Applicant" means a person who has made an oral or
91	91	written application with an employer, or has sent a resume or other
92	92	correspondence to an employer, indicating an interest in
93	93	employment.
94	94	(2) "Commission" means the Texas Workforce
95	95	Commission.
96	96	(3) "Employee" and "employer" have the meanings
97	97	assigned by Section 21.002.
98	98	(4) "Wages" has the meaning assigned by Section
99	99	61.001.
100	100	Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
101	101	WAGE HISTORY INFORMATION. (a) An employer may not:
102	102	(1) include a question regarding an applicant's wage
103	103	history information on an employment application form;
104	104	(2) inquire into or consider an applicant's wage
105	105	history information; or
106	106	(3) obtain an applicant's wage history information
107	107	from a previous employer of the applicant, unless the wages in that
108	108	previous employment position are subject to disclosure under
109	109	Chapter 552, Government Code.
110	110	(b) Notwithstanding Subsection (a), an applicant may
111	111	provide written authorization to a prospective employer to confirm
112	112	the applicant's wage history, including benefits or other
113	113	compensation, only after the prospective employer has made a
114	114	written offer of employment to the applicant that includes the
115	115	applicant's wage and benefit information for the position.
116	116	Sec. 24.003. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
117	117	(a) For purposes of this section, "business necessity" means an
118	118	overriding legitimate business purpose such that the factor relied
119	119	upon in determining wage differential effectively fulfills the
120	120	business purpose the factor is intended to serve.
121	121	(b) An employer commits an unlawful employment practice in
122	122	violation of this chapter and Chapter 21 if the employer
123	123	discriminates among employees on the basis of sex by paying wages to
124	124	an employee at a rate less than the rate at which the employer pays
125	125	wages to another employee of the opposite sex for the same or
126	126	substantially similar work on jobs, the performance of which
127	127	requires equal or substantially similar skill, effort, and
128	128	responsibility, and which are performed under similar working
129	129	conditions, except where the payment is made under one of the
130	130	following factors:
131	131	(1) a seniority system;
132	132	(2) a merit system;
133	133	(3) a system that measures earnings by quantity or
134	134	quality of production; or
135	135	(4) a differential based on a bona fide factor other
136	136	than sex.
137	137	(c) A seniority system described by Subsection (b)(1) may
138	138	not deduct from the employee's service time any leave that the
139	139	employee took under the Family and Medical Leave Act of 1993 (29
140	140	U.S.C. Section 2601 et seq.) or other applicable family or medical
141	141	leave to which the employee is entitled.
142	142	(d) The exception provided by Subsection (b)(4) applies
143	143	only if the employer demonstrates that the factor:
144	144	(1) is not based on or derived from a differential
145	145	based on sex in compensation;
146	146	(2) is related to the position in question; and
147	147	(3) is consistent with business necessity.
148	148	(e) Notwithstanding Subsection (d), the exception provided
149	149	by Subsection (b)(4) does not apply if the employee demonstrates
150	150	that an alternative business practice exists that would serve the
151	151	same business purpose without producing a wage differential.
152	152	(f) An employer may not enter into an agreement with an
153	153	employee that provides that the employer may pay the employee a wage
154	154	at a rate that is in violation of this section.
155	155	Sec. 24.004. OTHER PROHIBITED ACTS. (a) An employer
156	156	commits an unlawful employment practice in violation of this
157	157	chapter and Chapter 21 if the employer:
158	158	(1) takes an adverse action or otherwise discriminates
159	159	against a person because the person has:
160	160	(A) opposed an act or practice made unlawful by
161	161	this chapter;
162	162	(B) sought to enforce rights protected under this
163	163	chapter; or
164	164	(C) testified, assisted, or participated in any
165	165	manner in an investigation, hearing, or other proceeding to enforce
166	166	this chapter; or
167	167	(2) discharges or in any other manner discriminates
168	168	against, coerces, intimidates, threatens, or interferes with an
169	169	employee or other person because the person:
170	170	(A) inquired about, disclosed, compared, or
171	171	otherwise discussed an employee's wages; or
172	172	(B) exercised or enjoyed, or aided or encouraged
173	173	another person to exercise or enjoy, any right granted or protected
174	174	by this chapter.
175	175	(b) This section does not require an employee to disclose
176	176	the employee's wages.
177	177	Sec. 24.005. NOTICE BY EMPLOYER REQUIRED. Each employer
178	178	shall post in conspicuous places on the premises of the employer
179	179	where notices to employees and applicants for employment are
180	180	customarily posted a notice, prepared or approved by the
181	181	commission, setting forth the pertinent provisions of this chapter
182	182	and information relating to the enforcement of this chapter.
183	183	Sec. 24.006. COMPLAINT; ENFORCEMENT. (a) A person
184	184	aggrieved by an unlawful employment practice under this chapter may
185	185	file a complaint with the commission. A complaint filed under this
186	186	section is subject to Subchapters E and F, Chapter 21.
187	187	(b) The commission shall enforce this chapter in accordance
188	188	with Chapter 21.
189	189	Sec. 24.007. EMPLOYER SELF-EVALUATION; AFFIRMATIVE
190	190	DEFENSE. (a) An employer is encouraged to periodically perform a
191	191	self-evaluation of the employer's business practices and
192	192	compensation to ensure that the employer is in compliance with this
193	193	chapter.
194	194	(b) In a civil action filed under Subchapter F, Chapter 21,
195	195	by a person aggrieved by an unlawful employment practice under this
196	196	chapter, it is an affirmative defense to liability for compensatory
197	197	or punitive damages under Section 21.2585 that:
198	198	(1) the employer performed a self-evaluation of the
199	199	employer's business practices and compensation in the three-year
200	200	period preceding the date of the conduct that is the basis of the
201	201	complaint; and
202	202	(2) the employer has in good faith demonstrated that,
203	203	following the date of the evaluation under Subdivision (1), the
204	204	employer has made reasonable progress toward eliminating
205	205	compensation differentials based on sex.
206	206	(c) This section does not require an employer to perform a
207	207	self-evaluation or subject an employer to any penalty for failing
208	208	to perform a self-evaluation.
209	209	Sec. 24.008. WAGE RECORDS REQUIREMENT. Each employer shall
210	210	compile and maintain for a period of at least three years records
211	211	that contain:
212	212	(1) the wage paid to each employee; and
213	213	(2) the method, system, computations, and other
214	214	factors used to establish, adjust, and determine the wage rates
215	215	paid to the employee.
216	216	SECTION 2.05. The changes in law made by this article apply
217	217	only to an unlawful employment practice with regard to
218	218	discrimination in payment of compensation that occurs on or after
219	219	the effective date of this Act.
220	220	ARTICLE 3. CLAIMS FOR UNPAID WAGES
221	221	SECTION 3.01. Subchapter B, Chapter 61, Labor Code, is
222	222	amended by adding Sections 61.021 and 61.022 to read as follows:
223	223	Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; CAUSE OF
224	224	ACTION. (a) An employer may not suspend or terminate the
225	225	employment of or in any other manner discipline, discriminate
226	226	against, or retaliate against an employee who in good faith seeks to
227	227	recover wages owed to the employee by:
228	228	(1) filing a complaint with a governmental entity;
229	229	(2) seeking or accepting the assistance of a nonprofit
230	230	organization, an employee rights organization, or an attorney;
231	231	(3) exercising or attempting to exercise a right or
232	232	remedy granted to the employee by a contract, local ordinance or
233	233	order, or federal or state law; or
234	234	(4) filing a wage claim under Subchapter D.
235	235	(b) An employee who is the subject of an adverse employment
236	236	action prohibited under Subsection (a) may bring suit against the
237	237	employer, including an action in a district court for appropriate
238	238	injunctive relief.
239	239	(c) An employee who prevails in a suit brought under this
240	240	section:
241	241	(1) may recover:
242	242	(A) reasonable damages incurred by the employee
243	243	as a result of the adverse employment action;
244	244	(B) additional damages in an amount equal to the
245	245	greater of $1,000 or the amount of actual damages incurred as a
246	246	result of the adverse employment action; and
247	247	(C) court costs and reasonable attorney's fees
248	248	incurred by the employee in the suit; and
249	249	(2) is entitled to:
250	250	(A) reinstatement to the employee's former
251	251	position or a position that is comparable in terms of compensation,
252	252	benefits, and other conditions of employment; and
253	253	(B) reinstatement of any benefits and seniority
254	254	rights lost because of the adverse employment action.
255	255	Sec. 61.022. COMPLAINTS. (a) A person who has reason to
256	256	believe that an employer has violated Section 61.021 may file a
257	257	complaint with the commission.
258	258	(b) On receipt of a complaint, the commission shall
259	259	investigate and dispose of the complaint in the same manner as a
260	260	wage claim under Subchapter D. The commission may incorporate the
261	261	investigation into any ongoing investigation of an underlying wage
262	262	claim filed by the employee, if applicable.
263	263	(c) The commission shall ensure that information regarding
264	264	the complaint process is available on the commission's Internet
265	265	website.
266	266	SECTION 3.02. Section 61.051(c), Labor Code, is amended to
267	267	read as follows:
268	268	(c) A wage claim must be filed not later than the second
269	269	anniversary of [180th day after] the date the wages claimed became
270	270	due for payment. The filing [180-day] deadline is a matter of
271	271	jurisdiction.
272	272	SECTION 3.03. Section 61.053, Labor Code, is amended by
273	273	amending Subsection (a) and adding Subsection (a-1) to read as
274	274	follows:
275	275	(a) If the commission examiner, a wage claim appeal
276	276	tribunal, or the commission determines that an employer acted in
277	277	bad faith in not paying wages as required by this chapter, the
278	278	examiner, tribunal, or commission, in addition to ordering the
279	279	payment of the wages, shall [may] assess an administrative penalty
280	280	against the employer.
281	281	(a-1) For purposes of Subsection (a), acts that constitute
282	282	bad faith by an employer include:
283	283	(1) a history of previous violations of this chapter;
284	284	(2) failure to pay wages to an employee as required by
285	285	this chapter as an act of discrimination or retaliation against the
286	286	employee;
287	287	(3) failure to pay wages as required by this chapter to
288	288	multiple employees at the same time;
289	289	(4) failure to pay wages to an employee as required by
290	290	this chapter knowing that the failure was a violation of state law;
291	291	or
292	292	(5) actions showing reckless disregard of the
293	293	requirements of this chapter.
294	294	SECTION 3.04. Subchapter D, Chapter 61, Labor Code, is
295	295	amended by adding Section 61.0531 to read as follows:
296	296	Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an
297	297	investigation of a complaint under Section 61.022 the commission
298	298	examiner, a wage claim appeal tribunal, or the commission
299	299	determines that an employer violated Section 61.021(a), the
300	300	examiner, tribunal, or commission shall order the employer to pay
301	301	to the employee damages in an amount equal to the greater of $1,000
302	302	or the amount of wages owed to the employee.
303	303	(b) Damages under Subsection (a) are in addition to any
304	304	payment of wages ordered under this subchapter.
305	305	SECTION 3.05. The heading to Section 61.058, Labor Code, is
306	306	amended to read as follows:
307	307	Sec. 61.058. HEARING PROCEDURES; PRESUMPTION.
308	308	SECTION 3.06. Section 61.058, Labor Code, is amended by
309	309	amending Subsection (a) and adding Subsections (c) and (d) to read
310	310	as follows:
311	311	(a) Except as provided by Subsections (c) and (d), a [A]
312	312	hearing conducted under this subchapter is subject to the rules and
313	313	hearings procedures used by the commission in the determination of
314	314	a claim for unemployment compensation benefits.
315	315	(c) In a hearing under this subchapter, an employer's
316	316	failure to comply with Section 62.003 or the recordkeeping
317	317	requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
318	318	Section 201 et seq.) applicable to an employee creates a rebuttable
319	319	presumption that the employee's hours worked, pay rate, and
320	320	earnings are equal to those amounts provided in the employee's
321	321	testimony or records presented at the hearing.
322	322	(d) A presumption under Subsection (c) may be rebutted by
323	323	clear and convincing evidence provided by the employer of the
324	324	employee's hours worked, pay rate, and earnings.
325	325	SECTION 3.07. Not later than March 1, 2018, the Texas
326	326	Workforce Commission shall adopt rules necessary to implement
327	327	Section 61.022, Labor Code, as added by this article.
328	328	SECTION 3.08. Sections 61.021 and 61.022, Labor Code, as
329	329	added by this article, apply only to an adverse employment action
330	330	that is taken by an employer against an employee on or after the
331	331	effective date of this Act. An adverse employment action taken
332	332	before that date is governed by the law in effect on the date the
333	333	action was taken, and the former law is continued in effect for that
334	334	purpose.
335	335	SECTION 3.09. Section 61.051, Labor Code, as amended by
336	336	this article, applies to a wage claim filed under Subchapter D,
337	337	Chapter 61, Labor Code, for wages that become due for payment on or
338	338	after June 4, 2017. A wage claim for wages that became due for
339	339	payment before that date is governed by the law in effect
340	340	immediately before the effective date of this Act, and the former
341	341	law is continued in effect for that purpose.
342	342	SECTION 3.10. Section 61.053(a), Labor Code, as amended by
343	343	this article, and Section 61.0531, Labor Code, as added by this
344	344	article, apply only to conduct that occurs on or after the effective
345	345	date of this Act. Conduct that occurs before that date is governed
346	346	by the law in effect on the date the conduct occurred, and the
347	347	former law is continued in effect for that purpose.
348	348	SECTION 3.11. Section 61.058, Labor Code, as amended by
349	349	this article, applies only to a hearing that commences on or after
350	350	the effective date of this Act. A hearing that commences before
351	351	that date is governed by the law in effect on the date the hearing
352	352	commenced, and the former law is continued in effect for that
353	353	purpose.
354	354	ARTICLE 4. MINIMUM WAGE
355	355	SECTION 4.01. Section 62.051, Labor Code, is amended to
356	356	read as follows:
357	357	Sec. 62.051. MINIMUM WAGE. Except as provided by Section
358	358	62.057, an employer shall pay to each employee not less than the
359	359	greater of:
360	360	(1) $15.00 an hour; or
361	361	(2) the federal minimum wage under Section 6, Fair
362	362	Labor Standards Act of 1938 (29 U.S.C. Section 206).
363	363	SECTION 4.02. Section 62.151, Labor Code, is repealed.
364	364	ARTICLE 5. FAMILY CARE LEAVE
365	365	SECTION 5.01. Subtitle D, Title 2, Labor Code, is amended by
366	366	adding Chapter 83 to read as follows:
367	367	CHAPTER 83. FAMILY CARE LEAVE
368	368	Sec. 83.001. DEFINITIONS. In this chapter:
369	369	(1) "Child" means a person:
370	370	(A) who is a biological, adopted, or foster
371	371	child, a stepchild, or a legal ward of an employee; or
372	372	(B) for whom the employee stands in loco
373	373	parentis.
374	374	(2) "Commission" means the Texas Workforce
375	375	Commission.
376	376	(3) "Employee" means an individual who performs
377	377	services for an employer for compensation under an oral or written
378	378	contract of hire, whether express or implied. The term does not
379	379	include an independent contractor.
380	380	(4) "Employer" means a person who employs 10 or more
381	381	employees in this state.
382	382	Sec. 83.002. FAMILY CARE LEAVE. (a) An employee who has
383	383	been employed by an employer for at least six months is eligible for
384	384	family care leave for a period of eight weeks due to:
385	385	(1) the birth of the employee's child; or
386	386	(2) the placement of a child with the employee in
387	387	connection with the adoption or foster care of the child by the
388	388	employee.
389	389	(b) Eligibility for leave under this chapter expires on the
390	390	first anniversary of the date of the child's birth or placement with
391	391	the employee, as applicable.
392	392	Sec. 83.003. INELIGIBILITY OF CERTAIN EMPLOYEES FOR LEAVE.
393	393	An employee is not eligible for leave under this chapter with
394	394	respect to any day for which the employee receives:
395	395	(1) benefits under a law providing unemployment
396	396	compensation; or
397	397	(2) disability insurance benefits under any state or
398	398	federal law.
399	399	Sec. 83.004. AMOUNT OF PAY DURING LEAVE. (a) An employee
400	400	who is eligible for leave under this chapter is entitled to an
401	401	amount paid by the employer equal to the salary the employee would
402	402	have been paid if the employee had worked during that pay period.
403	403	(b) If the employee takes less than a full pay period of
404	404	leave under this chapter, the employer shall prorate the amount of
405	405	pay for each day of leave the employee takes.
406	406	Sec. 83.005. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
407	407	(a) An employee who intends to take leave under this chapter shall,
408	408	before the 30th day preceding the date the leave is to begin, notify
409	409	the employer in writing of the employee's intention to take the
410	410	leave. If the date of the birth or placement of the child requires
411	411	that the leave begin in less than 30 days, the employee shall
412	412	provide notice to the employer as is practicable.
413	413	(b) An employee may take leave under this chapter
414	414	intermittently if the employee notifies the employer in writing.
415	415	(c) If an employee gives notice of intermittent leave under
416	416	Subsection (b), the employer may require the employee to transfer
417	417	temporarily to an available alternative position offered by the
418	418	employer for which the employee is qualified and that:
419	419	(1) has equivalent pay and benefits; and
420	420	(2) better accommodates recurring periods of leave
421	421	than the regular employment position of the employee.
422	422	(d) On notice by an employee under Subsection (a), an
423	423	employee may take leave under this chapter on a reduced leave
424	424	schedule. Work performed by an employee on a reduced leave schedule
425	425	does not reduce the total amount of leave to which the employee is
426	426	entitled.
427	427	Sec. 83.006. SUBSTITUTION OF OTHER PAID LEAVE PROHIBITED.
428	428	An employer may not require an employee to substitute accrued paid
429	429	vacation leave, personal leave, medical or sick leave, or other
430	430	leave for leave provided under this chapter.
431	431	Sec. 83.007. LEAVE NOT CONCURRENT WITH FEDERAL FAMILY LEAVE
432	432	ACT. An employee who is entitled to leave under the federal Family
433	433	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) is
434	434	entitled to take leave under that law in addition to any leave taken
435	435	under this chapter.
436	436	Sec. 83.008. NOTICE BY EMPLOYER REQUIRED; CIVIL PENALTY.
437	437	(a) Each employer shall post in conspicuous places on the premises
438	438	of the employer where notices to employees and applicants for
439	439	employment are customarily posted a notice, prepared or approved by
440	440	the commission, setting forth the pertinent provisions of this
441	441	chapter and information relating to the enforcement of this
442	442	chapter.
443	443	(b) An employer who wilfully violates this section is liable
444	444	for a civil penalty not to exceed $100 for each violation. The
445	445	attorney general may bring an action to collect a civil penalty
446	446	under this section. Civil penalties assessed under this section
447	447	shall be deposited in the general revenue fund.
448	448	Sec. 83.009. EMPLOYMENT AND BENEFITS PROTECTION;
449	449	EXCEPTION. (a) An employee who takes leave under this chapter is
450	450	entitled, on return from the leave, to reinstatement in the former
451	451	position of employment or an equivalent position of employment with
452	452	equivalent employment benefits, pay, and other terms and conditions
453	453	of employment.
454	454	(b) Leave taken under this chapter may not result in the
455	455	loss of any employment benefit accrued before the date on which the
456	456	leave began.
457	457	(c) This section does not entitle an employee who is
458	458	reinstated in employment to:
459	459	(1) the accrual of seniority or other employment
460	460	benefits during any period of leave; or
461	461	(2) any right, benefit, or position of employment
462	462	other than any right, benefit, or position to which the employee
463	463	would have been entitled had the employee not taken the leave.
464	464	(d) This section does not prohibit an employer from
465	465	requiring an employee on leave under this chapter to report
466	466	periodically to the employer on the status and intention of the
467	467	employee to return to work.
468	468	Sec. 83.010. COMMISSION POWERS AND DUTIES. The commission
469	469	shall adopt rules as necessary to implement this chapter.
470	470	Sec. 83.011. PROHIBITED ACTS. (a) An employer may not
471	471	interfere with, restrain, or deny the exercise of or the attempt to
472	472	exercise any right provided under this chapter.
473	473	(b) An employer may not discharge or otherwise discriminate
474	474	against an individual for opposing a practice made unlawful by this
475	475	chapter.
476	476	(c) A person may not discharge or otherwise discriminate
477	477	against an individual because that individual has:
478	478	(1) filed a charge, or instituted or caused to be
479	479	instituted a proceeding, under or related to this chapter;
480	480	(2) given, or is about to give, any information in
481	481	connection with an inquiry or proceeding relating to a right
482	482	provided under this chapter; or
483	483	(3) testified, or is about to testify, in an inquiry or
484	484	proceeding relating to a right provided under this chapter.
485	485	Sec. 83.012. ENFORCEMENT. (a) An employer who violates
486	486	Section 83.011 is liable to an affected individual for damages
487	487	equal to the amount of:
488	488	(1) any wages, salary, employment benefits, or other
489	489	compensation denied or lost to the individual by reason of the
490	490	violation or, if wages, salary, employment benefits, or other
491	491	compensation has not been denied or lost, any actual monetary
492	492	losses sustained by the individual as a direct result of the
493	493	violation, including the cost of providing necessary care, not to
494	494	exceed an amount equal to the individual's wages or salary for 12
495	495	weeks; and
496	496	(2) interest on the amount determined under
497	497	Subdivision (1) computed at the prevailing rate of interest on
498	498	judgments.
499	499	(b) The employer is also liable for equitable relief as
500	500	appropriate, including employment, reinstatement, and promotion.
501	501	(c) An action to recover damages or equitable relief under
502	502	this section may be maintained by any one or more individuals for
503	503	and on behalf of those individuals.
504	504	(d) In addition to any judgment awarded to the plaintiff,
505	505	the court may require the defendant to pay reasonable attorney's
506	506	fees, reasonable expert witness fees, and other costs.
507	507	SECTION 5.02. (a) This article applies only to a
508	508	suspension, termination, or other adverse employment action that is
509	509	taken by an employer against an employee because of an employee
510	510	absence authorized under Chapter 83, Labor Code, as added by this
511	511	article, that occurs on or after March 1, 2018. Action taken by an
512	512	employer against an employee for an employee absence occurring
513	513	before March 1, 2018, is governed by the law in effect immediately
514	514	before the effective date of this Act, and the former law is
515	515	continued in effect for that purpose.
516	516	(b) An employee is not entitled to take leave as provided by
517	517	Chapter 83, Labor Code, as added by this article, before March 1,
518	518	2018.
519	519	(c) The Texas Workforce Commission shall adopt rules and
520	520	prescribe notices as required by Chapter 83, Labor Code, as added by
521	521	this article, not later than January 1, 2018.
522	522	ARTICLE 6. EFFECTIVE DATE
523	523	SECTION 6.01. This Act takes effect December 1, 2017.