| 1 | 1 | | 86R2198 LED-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1484 |
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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 required earnings statement provided by employers; |
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| 8 | 8 | | creating civil liability; providing an administrative penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 62.003, Labor Code, is transferred to |
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| 11 | 11 | | Subchapter B, Chapter 61, Labor Code, redesignated as Section |
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| 12 | 12 | | 61.0181, Labor Code, and amended to read as follows: |
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| 13 | 13 | | Sec. 61.0181 [62.003]. EARNINGS STATEMENT; CIVIL LIABILITY |
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| 14 | 14 | | AND ADMINISTRATIVE PENALTY. (a) At the end of each pay period, an |
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| 15 | 15 | | employer shall give each employee a written or electronic earnings |
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| 16 | 16 | | statement covering the pay period. |
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| 17 | 17 | | (b) An earnings statement must be signed by the employer or |
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| 18 | 18 | | the employer's agent and must show: |
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| 19 | 19 | | (1) the name of the employee; |
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| 20 | 20 | | (2) the rate of pay; |
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| 21 | 21 | | (3) the total amount of pay earned by the employee |
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| 22 | 22 | | during the pay period; |
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| 23 | 23 | | (4) any deduction made from the employee's pay and the |
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| 24 | 24 | | purpose of the deduction; |
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| 25 | 25 | | (5) the amount of pay after all deductions are made; |
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| 26 | 26 | | and |
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| 27 | 27 | | (6) the total number of: |
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| 28 | 28 | | (A) hours worked by the employee if the |
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| 29 | 29 | | employee's pay is computed by the hour; or |
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| 30 | 30 | | (B) units produced by the employee during the pay |
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| 31 | 31 | | period if the employee's pay is computed on a piece rate. |
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| 32 | 32 | | (c) An earnings statement may be in any form determined by |
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| 33 | 33 | | the employer. The information required by Subsection (b) may be |
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| 34 | 34 | | stated on a check voucher or bank draft given to an employee for the |
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| 35 | 35 | | employee's wages. An employer who gives an electronic earnings |
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| 36 | 36 | | statement shall take reasonable measures to protect, secure, and, |
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| 37 | 37 | | if appropriate, encrypt the information required by Subsection (b). |
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| 38 | 38 | | (c-1) Except as provided by Subsection (c-2), an employer |
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| 39 | 39 | | who fails to give a written or electronic earnings statement is |
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| 40 | 40 | | liable to the affected employee in the amount of: |
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| 41 | 41 | | (1) $50 for the first pay period in which the employer |
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| 42 | 42 | | fails to give a written or electronic earnings statement; and |
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| 43 | 43 | | (2) $100 for each subsequent pay period in which the |
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| 44 | 44 | | employer fails to give a written or electronic earnings statement. |
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| 45 | 45 | | (c-2) An employer is not liable for more than $4,000 under |
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| 46 | 46 | | Subsection (c-1). |
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| 47 | 47 | | (c-3) A court shall award costs and reasonable attorney's |
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| 48 | 48 | | fees to an employee who prevails in an action described by |
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| 49 | 49 | | Subsection (c-1). |
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| 50 | 50 | | (c-4) If the commission determines that an employer has |
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| 51 | 51 | | failed to give a written or electronic earnings statement for a pay |
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| 52 | 52 | | period, the commission may assess an administrative penalty against |
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| 53 | 53 | | the employer in the amount of: |
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| 54 | 54 | | (1) $250 per employee for the first pay period in which |
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| 55 | 55 | | the employer fails to give a written or electronic earnings |
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| 56 | 56 | | statement; and |
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| 57 | 57 | | (2) $1,000 per employee for each subsequent pay period |
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| 58 | 58 | | in which the employer fails to give a written or electronic earnings |
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| 59 | 59 | | statement. |
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| 60 | 60 | | (d) In this section, "pay period" means the period that an |
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| 61 | 61 | | employee works for which salary or wages are regularly paid under |
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| 62 | 62 | | the employee's employment agreement. |
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| 63 | 63 | | SECTION 2. Section 62.053, Labor Code, is amended to read as |
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| 64 | 64 | | follows: |
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| 65 | 65 | | Sec. 62.053. COST OF MEALS OR LODGING. In computing the |
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| 66 | 66 | | wage paid to an employee, an employer may include the reasonable |
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| 67 | 67 | | cost to the employer of furnishing meals, lodging, or both to the |
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| 68 | 68 | | employee if: |
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| 69 | 69 | | (1) meals or lodging customarily are furnished by the |
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| 70 | 70 | | employer to employees; and |
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| 71 | 71 | | (2) the cost of the meals and lodging are separately |
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| 72 | 72 | | stated and identified in the earnings statement furnished to the |
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| 73 | 73 | | employee under Section 61.0181 [62.003]. |
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| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2019. |
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