Bill Text: TX HB2510 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to employer retaliation against employees who seek recovery of unpaid wages by filing a wage claim with the Texas Workforce Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-24 - Left pending in committee [HB2510 Detail]
Download: Texas-2017-HB2510-Introduced.html
85R10374 SMT-D | ||
By: Longoria | H.B. No. 2510 |
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relating to employer retaliation against employees who seek | ||
recovery of unpaid wages by filing a wage claim with the Texas | ||
Workforce Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended | ||
by adding Section 61.021 to read as follows: | ||
Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; COMPLAINT | ||
PROCEDURE. (a) An employer may not suspend or terminate the | ||
employment of or in any other manner discipline, discriminate | ||
against, or retaliate against an employee who in good faith seeks to | ||
recover wages owed to the employee by filing a wage claim under | ||
Subchapter D. | ||
(b) A person who has reason to believe that an employer has | ||
violated Subsection (a) may file a complaint with the commission. | ||
(c) On receipt of a complaint under Subsection (b), the | ||
commission shall investigate and dispose of the complaint in the | ||
same manner as a wage claim under Subchapter D. The commission may | ||
incorporate the investigation into any ongoing investigation of an | ||
underlying wage claim filed by the employee, if applicable. | ||
(d) The commission shall ensure that information regarding | ||
the complaint process under this section is available on the | ||
commission's Internet website. | ||
SECTION 2. Subchapter D, Chapter 61, Labor Code, is amended | ||
by adding Section 61.0531 to read as follows: | ||
Sec. 61.0531. RETALIATION; DAMAGES. (a) If after an | ||
investigation of a complaint under Section 61.021(b) the commission | ||
examiner, a wage claim appeal tribunal, or the commission | ||
determines that an employer violated Section 61.021(a), the | ||
examiner, tribunal, or commission shall order the employer to pay | ||
to the employee damages in an amount equal to the greater of: | ||
(1) $1,000; or | ||
(2) the amount of wages ordered to be paid in the | ||
underlying wage claim, if the payment of wages is ordered in the | ||
underlying wage claim. | ||
(b) Damages under Subsection (a) are in addition to any | ||
payment of wages ordered under this subchapter. | ||
SECTION 3. Section 61.0531, Labor Code, as added by this | ||
Act, applies only to conduct that occurs on or after the effective | ||
date of this Act. Conduct that occurs before that date is governed | ||
by the law in effect on the date the conduct occurred, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |