| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R13368 LED-D | |
| 2 | 2 | By: Walle H.B. No. 4616 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to methods of calculating the minimum wage paid to an | |
| 8 | 8 | employee. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 62.051, Labor Code, is amended to read as | |
| 11 | 11 | follows: | |
| 12 | 12 | Sec. 62.051. MINIMUM WAGE. (a) Except as provided by | |
| 13 | 13 | Section 62.057, an employer shall pay to each employee who is not | |
| 14 | 14 | exempt under the federal Fair Labor Standards Act of 1938 (29 U.S.C. | |
| 15 | 15 | Section 201 et seq.) at least the federal minimum wage under Section | |
| 16 | 16 | 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206) for each | |
| 17 | 17 | hour the employee works. | |
| 18 | 18 | (b) For the purpose of calculating the minimum wage paid to | |
| 19 | 19 | an employee, an employer may not use a method that: | |
| 20 | 20 | (1) guarantees weekly pay for a variable number of | |
| 21 | 21 | hours; or | |
| 22 | 22 | (2) establishes a fixed salary for fluctuating hours | |
| 23 | 23 | in a workweek. | |
| 24 | 24 | SECTION 2. Section 62.151, Labor Code, is amended to read as | |
| 25 | 25 | follows: | |
| 26 | 26 | Sec. 62.151. PERSON COVERED BY FEDERAL ACT. A [This chapter | |
| 27 | 27 | and a] municipal ordinance or charter provision governing wages in | |
| 28 | 28 | private employment, other than wages under a public contract, does | |
| 29 | 29 | [do] not apply to a person covered by the Fair Labor Standards Act | |
| 30 | 30 | of 1938 (29 U.S.C. Section 201 et seq.). | |
| 31 | 31 | SECTION 3. This Act takes effect September 1, 2019. |