88R4720 SCP-D
By: Romero, Jr. H.B. No. 1549
A BILL TO BE ENTITLED
AN ACT
relating to administrative penalties assessed by the Texas
Workforce Commission against certain employers for failure to pay
wages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.053, Labor Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) If the commission examiner, a wage claim appeal
tribunal, or the commission determines that an employer acted in
bad faith in not paying wages as required by this chapter, the
examiner, tribunal, or commission, in addition to ordering the
payment of the wages, shall [may] assess an administrative penalty
against the employer.
(a-1) For purposes of Subsection (a), acts that constitute
bad faith by an employer include:
(1) a history of previous violations of this chapter;
(2) failure to pay wages to an employee as required by
this chapter as an act of discrimination or retaliation against the
employee;
(3) failure to pay wages as required by this chapter to
multiple employees at the same time;
(4) failure to pay wages to an employee as required by
this chapter knowing that the failure was a violation of state law;
or
(5) actions showing reckless disregard of the
requirements of this chapter, including:
(A) repeatedly:
(i) failing to reply to correspondence from
a commission examiner, wage claim appeal tribunal, or the
commission related to a wage claim; or
(ii) refusing to participate in the wage
claim process;
(B) issuing a check for the payment of wages from
an account that is closed or has insufficient funds;
(C) stopping payment of a check issued to an
employee for the payment of wages; or
(D) unreasonably withholding or delaying payment
of wages, including by conditioning the payment of wages owed on the
performance of additional work.
SECTION 2. This Act takes effect September 1, 2023.