| 1 | 1 | | 86R13425 LED-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 4555 |
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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 the minimum wage and overtime pay for employees. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 62.051, Labor Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 62.051. MINIMUM WAGE; OVERTIME. (a) Except as |
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| 12 | 12 | | provided by Section 62.057, an employer shall pay to each employee |
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| 13 | 13 | | who is not exempt under the federal Fair Labor Standards Act of 1938 |
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| 14 | 14 | | (29 U.S.C. Section 201 et seq.) at least the federal minimum wage |
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| 15 | 15 | | under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section |
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| 16 | 16 | | 206), for each hour the employee works. |
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| 17 | 17 | | (b) For the purpose of calculating the minimum wage paid to |
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| 18 | 18 | | an employee, an employer may not use a method that: |
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| 19 | 19 | | (1) guarantees weekly pay for a variable number of |
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| 20 | 20 | | hours; or |
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| 21 | 21 | | (2) establishes a fixed salary for fluctuating hours |
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| 22 | 22 | | in a workweek. |
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| 23 | 23 | | (c) For each hour that an employee who is not exempt under |
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| 24 | 24 | | the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 |
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| 25 | 25 | | et seq.) works in a week over 40 hours, an employer shall pay the |
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| 26 | 26 | | employee a wage equal to at least one and one-half times the |
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| 27 | 27 | | employee's regular wage. |
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| 28 | 28 | | SECTION 2. Section 62.151, Labor Code, is amended to read as |
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| 29 | 29 | | follows: |
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| 30 | 30 | | Sec. 62.151. PERSON COVERED BY FEDERAL ACT. A [This chapter |
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| 31 | 31 | | and a] municipal ordinance or charter provision governing wages in |
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| 32 | 32 | | private employment, other than wages under a public contract, does |
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| 33 | 33 | | [do] not apply to a person covered by the Fair Labor Standards Act |
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| 34 | 34 | | of 1938 (29 U.S.C. Section 201 et seq.). |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2019. |
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