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