87R2352 RDS-D
By: Turner of Tarrant H.B. No. 1915
A BILL TO BE ENTITLED
AN ACT
relating to the minimum wage and overtime pay for employees.
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; OVERTIME. (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.
(c) For each hour that an employee who is not exempt under
the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
et seq.) works in a week over 40 hours, an employer shall pay the
employee a wage equal to at least one and one-half times the
employee's regular wage.
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, 2021.