Bill Text: TX HB298 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to prohibiting employer retaliation against employees who seek recovery of unpaid wages and procedures in wage claim hearings conducted by the Texas Workforce Commission; providing administrative penalties.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-02-26 - Left pending in committee [HB298 Detail]
Download: Texas-2013-HB298-Introduced.html
83R923 MAW-F | ||
By: Rodriguez of Travis | H.B. No. 298 |
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relating to prohibiting employer retaliation against employees who | ||
seek recovery of unpaid wages and procedures in wage claim hearings | ||
conducted by the Texas Workforce Commission; providing | ||
administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 61, Labor Code, is amended by adding | ||
Subchapter G to read as follows: | ||
SUBCHAPTER G. RETALIATION PROHIBITED FOR ACTION TO RECOVER UNPAID | ||
WAGES | ||
Sec. 61.101. EMPLOYER RETALIATION PROHIBITED. 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: | ||
(1) filing a complaint with a governmental entity; | ||
(2) seeking or accepting the assistance of a nonprofit | ||
organization or an employee rights organization; | ||
(3) exercising or attempting to exercise a right or | ||
remedy granted to the employee by a contract, local ordinance or | ||
order, or federal or state law; or | ||
(4) filing a wage claim under Subchapter D. | ||
Sec. 61.102. CAUSE OF ACTION; PRESUMPTION. (a) An employee | ||
who is the subject of an adverse employment action prohibited under | ||
Section 61.101 may bring suit against the employer. | ||
(b) It is a rebuttable presumption that the employee's | ||
employment was suspended or terminated or the employee was | ||
otherwise subjected to discipline, discrimination, or retaliation | ||
in violation of Section 61.101 if the adverse employment action was | ||
taken on or before the 90th day after the date the employee takes an | ||
action described by Section 61.101 for recovery of wages owed by the | ||
employer. | ||
(c) A presumption under Subsection (b) may be rebutted only | ||
by clear and convincing evidence that the adverse employment action | ||
was not taken for a reason prohibited under Section 61.101. | ||
Sec. 61.103. REMEDIES. (a) An employee who prevails in a | ||
suit brought under Section 61.102 may recover: | ||
(1) reasonable damages incurred by the employee as a | ||
result of the adverse employment action; | ||
(2) additional damages in an amount equal to the | ||
average wages the employee earns during a two-week period plus | ||
$500; and | ||
(3) court costs and reasonable attorney's fees | ||
incurred by the employee in the suit. | ||
(b) In addition to amounts recovered under Subsection (a), | ||
an employee who prevails in a suit under Section 61.102 is entitled | ||
to: | ||
(1) reinstatement to the employee's former position or | ||
a position that is comparable in terms of compensation, benefits, | ||
and other conditions of employment; and | ||
(2) reinstatement of any benefits and seniority rights | ||
lost because of the suspension, termination, or other adverse | ||
employment action. | ||
Sec. 61.104. INJUNCTION. A person aggrieved by a violation | ||
of Section 61.101 may bring an action in a district court for | ||
appropriate injunctive relief. | ||
Sec. 61.105. COMPLAINTS. (a) A person who has reason to | ||
believe that an employer has violated Section 61.101 may file a | ||
complaint with the commission. | ||
(b) On receipt of a complaint, the commission shall | ||
investigate the complaint and take appropriate enforcement action. | ||
(c) The commission shall: | ||
(1) adopt rules for filing a complaint under this | ||
section; | ||
(2) develop a simple standardized form for filing a | ||
complaint; and | ||
(3) ensure that the form and information regarding the | ||
complaint process are available on the commission's Internet | ||
website. | ||
SECTION 2. Section 61.052(b), Labor Code, is amended to | ||
read as follows: | ||
(b) If a commission examiner imposes an administrative | ||
penalty under Section 61.053 or 61.0531, the preliminary wage | ||
determination order must include an order for payment of the | ||
penalty. | ||
SECTION 3. Section 61.053(a), Labor Code, is amended 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 [ |
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against the employer. | ||
SECTION 4. Subchapter D, Chapter 61, Labor Code, is amended | ||
by adding Section 61.0531 to read as follows: | ||
Sec. 61.0531. RETALIATION; ADMINISTRATIVE PENALTY. (a) If | ||
after an investigation of a complaint under Section 61.105 the | ||
commission examiner, a wage claim appeal tribunal, or the | ||
commission determines that an employer violated Section 61.101, the | ||
examiner, tribunal, or commission shall assess an administrative | ||
penalty against the employer. | ||
(b) The amount of an administrative penalty assessed under | ||
this section is $1,000 for each violation. | ||
SECTION 5. The heading to Section 61.058, Labor Code, is | ||
amended to read as follows: | ||
Sec. 61.058. HEARING PROCEDURES; PRESUMPTION. | ||
SECTION 6. Section 61.058, Labor Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) Except as provided by Subsections (c) and (d), a [ |
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hearing conducted under this subchapter is subject to the rules and | ||
hearings procedures used by the commission in the determination of | ||
a claim for unemployment compensation benefits. | ||
(c) In a hearing under this subchapter, an employer's | ||
failure to comply with Section 62.003 or the recordkeeping | ||
requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. | ||
Section 201 et seq.) applicable to an employee creates a rebuttable | ||
presumption that the employee's hours worked, pay rate, and | ||
earnings are equal to those amounts provided in the employee's | ||
testimony or records presented at the hearing. | ||
(d) A presumption under Subsection (c) may be rebutted by | ||
clear and convincing evidence provided by the employer of the | ||
employee's hours worked, pay rate, and earnings. | ||
SECTION 7. Not later than December 1, 2013, the Texas | ||
Workforce Commission shall adopt rules necessary to implement | ||
Section 61.105, Labor Code, as added by this Act. | ||
SECTION 8. 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 9. Section 61.058, Labor Code, as amended by this | ||
Act, applies only to a hearing that commences on or after the | ||
effective date of this Act. A hearing that commences before that | ||
date is governed by the law in effect on the date the hearing | ||
commenced, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 10. Subchapter G, Chapter 61, Labor Code, as added | ||
by this Act, applies only to an adverse employment action that is | ||
taken by an employer against an employee on or after the effective | ||
date of this Act. An adverse employment action taken before that | ||
date is governed by the law in effect on the date the action was | ||
taken, and the former law is continued in effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2013. |