Texas 2019 - 86th Regular

Texas House Bill HB106 Compare Versions

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

Old	New	Differences
1	1	86R1907 SMT-F
2	2	By: Rodriguez of Travis H.B. No. 106
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; CAUSE OF
14	14	ACTION. (a) An employer may not suspend or terminate the
15	15	employment of or in any other manner discipline, discriminate
16	16	against, or retaliate against an employee who in good faith seeks to
17	17	recover wages owed to the 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	(b) An employee who is the subject of an adverse employment
26	26	action prohibited under Subsection (a) may bring suit against the
27	27	employer, including an action in a district court for appropriate
28	28	injunctive relief.
29	29	(c) An employee who prevails in a suit brought under this
30	30	section:
31	31	(1) may recover:
32	32	(A) reasonable damages incurred by the employee
33	33	as a result of the adverse employment action;
34	34	(B) additional damages in an amount equal to the
35	35	average wages the employee earns during a two-week period, plus
36	36	$500; and
37	37	(C) court costs and reasonable attorney's fees
38	38	incurred by the employee in the suit; and
39	39	(2) is entitled to:
40	40	(A) reinstatement to the employee's former
41	41	position or a position that is comparable in terms of compensation,
42	42	benefits, and other conditions of employment; and
43	43	(B) reinstatement of any benefits and seniority
44	44	rights lost because of the adverse employment action.
45	45	Sec. 61.022. COMPLAINTS REGARDING EMPLOYER RETALIATION.
46	46	(a) A person who has reason to believe that an employer has
47	47	violated Section 61.021 may file a complaint with the commission.
48	48	(b) On receipt of a complaint, the commission shall
49	49	investigate and dispose of the complaint in the same manner as a
50	50	wage claim under Subchapter D. The commission may incorporate the
51	51	investigation into any ongoing investigation of an underlying wage
52	52	claim filed by the employee, if applicable.
53	53	(c) The commission shall ensure that information regarding
54	54	the complaint process is available on the commission's Internet
55	55	website.
56	56	SECTION 2. Section 61.053(a), Labor Code, is amended to
57	57	read as follows:
58	58	(a) If the commission examiner, a wage claim appeal
59	59	tribunal, or the commission determines that an employer acted in
60	60	bad faith in not paying wages as required by this chapter, the
61	61	examiner, tribunal, or commission, in addition to ordering the
62	62	payment of the wages, shall [may] assess an administrative penalty
63	63	against the employer.
64	64	SECTION 3. Subchapter D, Chapter 61, Labor Code, is amended
65	65	by adding Section 61.0531 to read as follows:
66	66	Sec. 61.0531. RETALIATION; DAMAGES. (a) If, after an
67	67	investigation of a complaint under Section 61.022, the commission
68	68	examiner, a wage claim appeal tribunal, or the commission
69	69	determines that an employer violated Section 61.021(a), the
70	70	examiner, tribunal, or commission shall order the employer to pay
71	71	to the employee damages in an amount equal to the greater of $1,000
72	72	or the amount of wages owed to the employee.
73	73	(b) Damages under Subsection (a) are in addition to any
74	74	payment of wages ordered under this subchapter.
75	75	SECTION 4. The heading to Section 61.058, Labor Code, is
76	76	amended to read as follows:
77	77	Sec. 61.058. HEARING PROCEDURES; PRESUMPTION.
78	78	SECTION 5. Section 61.058, Labor Code, is amended by
79	79	amending Subsection (a) and adding Subsections (c) and (d) to read
80	80	as follows:
81	81	(a) Except as provided by Subsections (c) and (d), a [A]
82	82	hearing conducted under this subchapter is subject to the rules and
83	83	hearings procedures used by the commission in the determination of
84	84	a claim for unemployment compensation benefits.
85	85	(c) In a hearing under this subchapter, an employer's
86	86	failure to comply with Section 62.003 or the recordkeeping
87	87	requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
88	88	Section 201 et seq.) applicable to an employee creates a rebuttable
89	89	presumption that the employee's hours worked, pay rate, and
90	90	earnings are equal to those amounts provided in the employee's
91	91	testimony or records presented at the hearing.
92	92	(d) A presumption under Subsection (c) may be rebutted by
93	93	clear and convincing evidence provided by the employer of the
94	94	employee's hours worked, pay rate, and earnings.
95	95	SECTION 6. Not later than December 1, 2019, the Texas
96	96	Workforce Commission shall adopt rules necessary to implement
97	97	Section 61.022, Labor Code, as added by this Act.
98	98	SECTION 7. Sections 61.021 and 61.022, Labor Code, as added
99	99	by this Act, apply only to an adverse employment action that is
100	100	taken by an employer against an employee on or after the effective
101	101	date of this Act. An adverse employment action taken before that
102	102	date is governed by the law in effect on the date the action was
103	103	taken, and the former law is continued in effect for that purpose.
104	104	SECTION 8. Section 61.0531, Labor Code, as added by this
105	105	Act, applies only to conduct that occurs on or after the effective
106	106	date of this Act. Conduct that occurs before that date is governed
107	107	by the law in effect on the date the conduct occurred, and the
108	108	former law is continued in effect for that purpose.
109	109	SECTION 9. Section 61.058, Labor Code, as amended by this
110	110	Act, applies only to a hearing that commences on or after the
111	111	effective date of this Act. A hearing that commences before that
112	112	date is governed by the law in effect on the date the hearing
113	113	commenced, and the former law is continued in effect for that
114	114	purpose.
115	115	SECTION 10. This Act takes effect September 1, 2019.