Bill Text: TX HB391 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to employee rights and protections; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2017-08-09 - Filed [HB391 Detail]
Download: Texas-2017-HB391-Introduced.html
| By: Arévalo | H.B. No. 391 | |
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| relating to employee rights and protections; providing a civil | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS | ||
| SECTION 1.01. SHORT TITLE. This Act shall be known as the | ||
| Texas Fair Shot Act. | ||
| SECTION 1.02. PREAMBLE. In order to improve the lives of | ||
| all Texans, the Legislature should pass significant legislation | ||
| that promises a fair shot for everyone. Advancing economic | ||
| opportunity and protecting the rights of workers includes | ||
| increasing the minimum wage, securing paid family leave for all | ||
| Texans, fighting against wage theft, and addressing the glaring pay | ||
| gap between male and female workers in Texas. | ||
| SECTION 1.03. FINDINGS. Texas' minimum wage law is tied to | ||
| the federal minimum wage. The current federal minimum wage of $7.25 | ||
| per hour is not enough pay for Texans to provide for their families. | ||
| In the absence of an increased federal minimum wage, it is the | ||
| responsibility of the Texas Legislature to ensure that all Texans | ||
| earn a livable wage. A wage of $15 per hour can help guarantee if a | ||
| Texan is working a full-time job, he or she will be able to afford | ||
| rent, food, child care, health care, and other critical | ||
| necessities. With more money in their pockets, Texas workers will | ||
| spend more on goods and services, generating greater economic | ||
| activity for all. | ||
| Eight out of every ten workers in Texas has no access to paid | ||
| family leave. Without it, moms and dads are forced to go back to | ||
| work too soon after the birth of their child. Having to choose | ||
| between providing for one's family and spending time with a newborn | ||
| is a choice no Texan should have to make. The Legislature finds | ||
| that ensuring all Texas workers have at least eight weeks of paid | ||
| family leave upon the birth, adoption, or placement of a child will | ||
| help individual Texans live more fulfilling lives, encourage them | ||
| to stay in their job, and provide for more stability in the Texas | ||
| economy overall. | ||
| In Texas, it is not uncommon for workers, particularly | ||
| low-income workers, to be robbed of their wages. Whether it is | ||
| through misclassifying workers, failing to reimburse workers for | ||
| overtime work, or altogether not paying employees, the Texas | ||
| Legislature cannot allow employers to continue committing wage | ||
| theft. It is the responsibility of the Texas Legislature to ensure | ||
| that Texas workers are being justly paid for the work they are | ||
| doing. | ||
| All Texas workers should be treated equally when it comes to | ||
| pay. Yet, women are paid only 79 cents for every dollar a man earns. | ||
| That figure is worse for women of color: 59 cents for Black women | ||
| and 44 cents for Hispanic women. The legislature should ensure that | ||
| female workers are not experiencing discrimination in their wages, | ||
| and pursue policies that combat discrimination and openness so that | ||
| Texans who working hard are properly and equally valued for their | ||
| work. | ||
| ARTICLE 2. DISCRIMINATION IN PAYMENT OF COMPENSATION | ||
| SECTION 2.01. Subchapter C, Chapter 21, Labor Code, is | ||
| amended by adding Section 21.1061 to read as follows: | ||
| Sec. 21.1061. SEX DISCRIMINATION IN COMPENSATION. For | ||
| purposes of this chapter, a violation of Chapter 24 is considered to | ||
| be discrimination on the basis of sex. | ||
| SECTION 2.02. Section 21.202(a), Labor Code, is amended to | ||
| read as follows: | ||
| (a) A complaint under this subchapter must be filed not | ||
| later than the 180th day after the date the alleged unlawful | ||
| employment practice occurred. With respect to an allegation of | ||
| discrimination in payment of compensation in violation of this | ||
| chapter, an unlawful employment practice occurs each time: | ||
| (1) a discriminatory compensation decision or other | ||
| practice is adopted; | ||
| (2) an individual becomes subject to a discriminatory | ||
| compensation decision or other practice; or | ||
| (3) an individual is adversely affected by application | ||
| of a discriminatory compensation decision or other practice, | ||
| including each time wages affected wholly or partly by the decision | ||
| or other practice are paid. | ||
| SECTION 2.03. Section 21.258, Labor Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) Liability may accrue, and an aggrieved person may obtain | ||
| relief as provided by this subchapter, including recovery of back | ||
| pay for the period allowed under this section, if the unlawful | ||
| employment practices that have occurred during the period for | ||
| filing a complaint are similar or related to unlawful employment | ||
| practices with regard to discrimination in payment of compensation | ||
| that occurred outside the period for filing a complaint. | ||
| SECTION 2.04. Subtitle A, Title 2, Labor Code, is amended by | ||
| adding Chapter 24 to read as follows: | ||
| CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION | ||
| Sec. 24.001. DEFINITIONS. In this chapter: | ||
| (1) "Applicant" means a person who has made an oral or | ||
| written application with an employer, or has sent a resume or other | ||
| correspondence to an employer, indicating an interest in | ||
| employment. | ||
| (2) "Commission" means the Texas Workforce | ||
| Commission. | ||
| (3) "Employee" and "employer" have the meanings | ||
| assigned by Section 21.002. | ||
| (4) "Wages" has the meaning assigned by Section | ||
| 61.001. | ||
| Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF | ||
| WAGE HISTORY INFORMATION. (a) An employer may not: | ||
| (1) include a question regarding an applicant's wage | ||
| history information on an employment application form; | ||
| (2) inquire into or consider an applicant's wage | ||
| history information; or | ||
| (3) obtain an applicant's wage history information | ||
| from a previous employer of the applicant, unless the wages in that | ||
| previous employment position are subject to disclosure under | ||
| Chapter 552, Government Code. | ||
| (b) Notwithstanding Subsection (a), an applicant may | ||
| provide written authorization to a prospective employer to confirm | ||
| the applicant's wage history, including benefits or other | ||
| compensation, only after the prospective employer has made a | ||
| written offer of employment to the applicant that includes the | ||
| applicant's wage and benefit information for the position. | ||
| Sec. 24.003. PROHIBITION AGAINST DISCRIMINATION IN WAGES. | ||
| (a) For purposes of this section, "business necessity" means an | ||
| overriding legitimate business purpose such that the factor relied | ||
| upon in determining wage differential effectively fulfills the | ||
| business purpose the factor is intended to serve. | ||
| (b) An employer commits an unlawful employment practice in | ||
| violation of this chapter and Chapter 21 if the employer | ||
| discriminates among employees on the basis of sex by paying wages to | ||
| an employee at a rate less than the rate at which the employer pays | ||
| wages to another employee of the opposite sex for the same or | ||
| substantially similar work on jobs, the performance of which | ||
| requires equal or substantially similar skill, effort, and | ||
| responsibility, and which are performed under similar working | ||
| conditions, except where the payment is made under one of the | ||
| following factors: | ||
| (1) a seniority system; | ||
| (2) a merit system; | ||
| (3) a system that measures earnings by quantity or | ||
| quality of production; or | ||
| (4) a differential based on a bona fide factor other | ||
| than sex. | ||
| (c) A seniority system described by Subsection (b)(1) may | ||
| not deduct from the employee's service time any leave that the | ||
| employee took under the Family and Medical Leave Act of 1993 (29 | ||
| U.S.C. Section 2601 et seq.) or other applicable family or medical | ||
| leave to which the employee is entitled. | ||
| (d) The exception provided by Subsection (b)(4) applies | ||
| only if the employer demonstrates that the factor: | ||
| (1) is not based on or derived from a differential | ||
| based on sex in compensation; | ||
| (2) is related to the position in question; and | ||
| (3) is consistent with business necessity. | ||
| (e) Notwithstanding Subsection (d), the exception provided | ||
| by Subsection (b)(4) does not apply if the employee demonstrates | ||
| that an alternative business practice exists that would serve the | ||
| same business purpose without producing a wage differential. | ||
| (f) An employer may not enter into an agreement with an | ||
| employee that provides that the employer may pay the employee a wage | ||
| at a rate that is in violation of this section. | ||
| Sec. 24.004. OTHER PROHIBITED ACTS. (a) An employer | ||
| commits an unlawful employment practice in violation of this | ||
| chapter and Chapter 21 if the employer: | ||
| (1) takes an adverse action or otherwise discriminates | ||
| against a person because the person has: | ||
| (A) opposed an act or practice made unlawful by | ||
| this chapter; | ||
| (B) sought to enforce rights protected under this | ||
| chapter; or | ||
| (C) testified, assisted, or participated in any | ||
| manner in an investigation, hearing, or other proceeding to enforce | ||
| this chapter; or | ||
| (2) discharges or in any other manner discriminates | ||
| against, coerces, intimidates, threatens, or interferes with an | ||
| employee or other person because the person: | ||
| (A) inquired about, disclosed, compared, or | ||
| otherwise discussed an employee's wages; or | ||
| (B) exercised or enjoyed, or aided or encouraged | ||
| another person to exercise or enjoy, any right granted or protected | ||
| by this chapter. | ||
| (b) This section does not require an employee to disclose | ||
| the employee's wages. | ||
| Sec. 24.005. NOTICE BY EMPLOYER REQUIRED. Each employer | ||
| shall post in conspicuous places on the premises of the employer | ||
| where notices to employees and applicants for employment are | ||
| customarily posted a notice, prepared or approved by the | ||
| commission, setting forth the pertinent provisions of this chapter | ||
| and information relating to the enforcement of this chapter. | ||
| Sec. 24.006. COMPLAINT; ENFORCEMENT. (a) A person | ||
| aggrieved by an unlawful employment practice under this chapter may | ||
| file a complaint with the commission. A complaint filed under this | ||
| section is subject to Subchapters E and F, Chapter 21. | ||
| (b) The commission shall enforce this chapter in accordance | ||
| with Chapter 21. | ||
| Sec. 24.007. EMPLOYER SELF-EVALUATION; AFFIRMATIVE | ||
| DEFENSE. (a) An employer is encouraged to periodically perform a | ||
| self-evaluation of the employer's business practices and | ||
| compensation to ensure that the employer is in compliance with this | ||
| chapter. | ||
| (b) In a civil action filed under Subchapter F, Chapter 21, | ||
| by a person aggrieved by an unlawful employment practice under this | ||
| chapter, it is an affirmative defense to liability for compensatory | ||
| or punitive damages under Section 21.2585 that: | ||
| (1) the employer performed a self-evaluation of the | ||
| employer's business practices and compensation in the three-year | ||
| period preceding the date of the conduct that is the basis of the | ||
| complaint; and | ||
| (2) the employer has in good faith demonstrated that, | ||
| following the date of the evaluation under Subdivision (1), the | ||
| employer has made reasonable progress toward eliminating | ||
| compensation differentials based on sex. | ||
| (c) This section does not require an employer to perform a | ||
| self-evaluation or subject an employer to any penalty for failing | ||
| to perform a self-evaluation. | ||
| Sec. 24.008. WAGE RECORDS REQUIREMENT. Each employer shall | ||
| compile and maintain for a period of at least three years records | ||
| that contain: | ||
| (1) the wage paid to each employee; and | ||
| (2) the method, system, computations, and other | ||
| factors used to establish, adjust, and determine the wage rates | ||
| paid to the employee. | ||
| SECTION 2.05. The changes in law made by this article apply | ||
| only to an unlawful employment practice with regard to | ||
| discrimination in payment of compensation that occurs on or after | ||
| the effective date of this Act. | ||
| ARTICLE 3. CLAIMS FOR UNPAID WAGES | ||
| SECTION 3.01. Subchapter B, Chapter 61, Labor Code, is | ||
| amended by adding Sections 61.021 and 61.022 to read as follows: | ||
| Sec. 61.021. EMPLOYER RETALIATION PROHIBITED; CAUSE OF | ||
| ACTION. (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: | ||
| (1) filing a complaint with a governmental entity; | ||
| (2) seeking or accepting the assistance of a nonprofit | ||
| organization, an employee rights organization, or an attorney; | ||
| (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. | ||
| (b) An employee who is the subject of an adverse employment | ||
| action prohibited under Subsection (a) may bring suit against the | ||
| employer, including an action in a district court for appropriate | ||
| injunctive relief. | ||
| (c) An employee who prevails in a suit brought under this | ||
| section: | ||
| (1) may recover: | ||
| (A) reasonable damages incurred by the employee | ||
| as a result of the adverse employment action; | ||
| (B) additional damages in an amount equal to the | ||
| greater of $1,000 or the amount of actual damages incurred as a | ||
| result of the adverse employment action; and | ||
| (C) court costs and reasonable attorney's fees | ||
| incurred by the employee in the suit; and | ||
| (2) is entitled to: | ||
| (A) reinstatement to the employee's former | ||
| position or a position that is comparable in terms of compensation, | ||
| benefits, and other conditions of employment; and | ||
| (B) reinstatement of any benefits and seniority | ||
| rights lost because of the adverse employment action. | ||
| Sec. 61.022. COMPLAINTS. (a) A person who has reason to | ||
| believe that an employer has violated Section 61.021 may file a | ||
| complaint with the commission. | ||
| (b) On receipt of a complaint, 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. | ||
| (c) The commission shall ensure that information regarding | ||
| the complaint process is available on the commission's Internet | ||
| website. | ||
| SECTION 3.02. Section 61.051(c), Labor Code, is amended to | ||
| read as follows: | ||
| (c) A wage claim must be filed not later than the second | ||
| anniversary of [ |
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| due for payment. The filing [ |
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| jurisdiction. | ||
| SECTION 3.03. 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 [ |
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| 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. | ||
| SECTION 3.04. 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 61.022 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 $1,000 | ||
| or the amount of wages owed to the employee. | ||
| (b) Damages under Subsection (a) are in addition to any | ||
| payment of wages ordered under this subchapter. | ||
| SECTION 3.05. The heading to Section 61.058, Labor Code, is | ||
| amended to read as follows: | ||
| Sec. 61.058. HEARING PROCEDURES; PRESUMPTION. | ||
| SECTION 3.06. 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 3.07. Not later than March 1, 2018, the Texas | ||
| Workforce Commission shall adopt rules necessary to implement | ||
| Section 61.022, Labor Code, as added by this article. | ||
| SECTION 3.08. Sections 61.021 and 61.022, Labor Code, as | ||
| added by this article, apply 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 3.09. Section 61.051, Labor Code, as amended by | ||
| this article, applies to a wage claim filed under Subchapter D, | ||
| Chapter 61, Labor Code, for wages that become due for payment on or | ||
| after June 4, 2017. A wage claim for wages that became due for | ||
| payment before that date is governed by the law in effect | ||
| immediately before the effective date of this Act, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 3.10. Section 61.053(a), Labor Code, as amended by | ||
| this article, and Section 61.0531, Labor Code, as added by this | ||
| article, apply 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 3.11. Section 61.058, Labor Code, as amended by | ||
| this article, 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. | ||
| ARTICLE 4. MINIMUM WAGE | ||
| SECTION 4.01. Section 62.051, Labor Code, is amended to | ||
| read as follows: | ||
| Sec. 62.051. MINIMUM WAGE. Except as provided by Section | ||
| 62.057, an employer shall pay to each employee not less than the | ||
| greater of: | ||
| (1) $15.00 an hour; or | ||
| (2) the federal minimum wage under Section 6, Fair | ||
| Labor Standards Act of 1938 (29 U.S.C. Section 206). | ||
| SECTION 4.02. Section 62.151, Labor Code, is repealed. | ||
| ARTICLE 5. FAMILY CARE LEAVE | ||
| SECTION 5.01. Subtitle D, Title 2, Labor Code, is amended by | ||
| adding Chapter 83 to read as follows: | ||
| CHAPTER 83. FAMILY CARE LEAVE | ||
| Sec. 83.001. DEFINITIONS. In this chapter: | ||
| (1) "Child" means a person: | ||
| (A) who is a biological, adopted, or foster | ||
| child, a stepchild, or a legal ward of an employee; or | ||
| (B) for whom the employee stands in loco | ||
| parentis. | ||
| (2) "Commission" means the Texas Workforce | ||
| Commission. | ||
| (3) "Employee" means an individual who performs | ||
| services for an employer for compensation under an oral or written | ||
| contract of hire, whether express or implied. The term does not | ||
| include an independent contractor. | ||
| (4) "Employer" means a person who employs 10 or more | ||
| employees in this state. | ||
| Sec. 83.002. FAMILY CARE LEAVE. (a) An employee who has | ||
| been employed by an employer for at least six months is eligible for | ||
| family care leave for a period of eight weeks due to: | ||
| (1) the birth of the employee's child; or | ||
| (2) the placement of a child with the employee in | ||
| connection with the adoption or foster care of the child by the | ||
| employee. | ||
| (b) Eligibility for leave under this chapter expires on the | ||
| first anniversary of the date of the child's birth or placement with | ||
| the employee, as applicable. | ||
| Sec. 83.003. INELIGIBILITY OF CERTAIN EMPLOYEES FOR LEAVE. | ||
| An employee is not eligible for leave under this chapter with | ||
| respect to any day for which the employee receives: | ||
| (1) benefits under a law providing unemployment | ||
| compensation; or | ||
| (2) disability insurance benefits under any state or | ||
| federal law. | ||
| Sec. 83.004. AMOUNT OF PAY DURING LEAVE. (a) An employee | ||
| who is eligible for leave under this chapter is entitled to an | ||
| amount paid by the employer equal to the salary the employee would | ||
| have been paid if the employee had worked during that pay period. | ||
| (b) If the employee takes less than a full pay period of | ||
| leave under this chapter, the employer shall prorate the amount of | ||
| pay for each day of leave the employee takes. | ||
| Sec. 83.005. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER. | ||
| (a) An employee who intends to take leave under this chapter shall, | ||
| before the 30th day preceding the date the leave is to begin, notify | ||
| the employer in writing of the employee's intention to take the | ||
| leave. If the date of the birth or placement of the child requires | ||
| that the leave begin in less than 30 days, the employee shall | ||
| provide notice to the employer as is practicable. | ||
| (b) An employee may take leave under this chapter | ||
| intermittently if the employee notifies the employer in writing. | ||
| (c) If an employee gives notice of intermittent leave under | ||
| Subsection (b), the employer may require the employee to transfer | ||
| temporarily to an available alternative position offered by the | ||
| employer for which the employee is qualified and that: | ||
| (1) has equivalent pay and benefits; and | ||
| (2) better accommodates recurring periods of leave | ||
| than the regular employment position of the employee. | ||
| (d) On notice by an employee under Subsection (a), an | ||
| employee may take leave under this chapter on a reduced leave | ||
| schedule. Work performed by an employee on a reduced leave schedule | ||
| does not reduce the total amount of leave to which the employee is | ||
| entitled. | ||
| Sec. 83.006. SUBSTITUTION OF OTHER PAID LEAVE PROHIBITED. | ||
| An employer may not require an employee to substitute accrued paid | ||
| vacation leave, personal leave, medical or sick leave, or other | ||
| leave for leave provided under this chapter. | ||
| Sec. 83.007. LEAVE NOT CONCURRENT WITH FEDERAL FAMILY LEAVE | ||
| ACT. An employee who is entitled to leave under the federal Family | ||
| and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) is | ||
| entitled to take leave under that law in addition to any leave taken | ||
| under this chapter. | ||
| Sec. 83.008. NOTICE BY EMPLOYER REQUIRED; CIVIL PENALTY. | ||
| (a) Each employer shall post in conspicuous places on the premises | ||
| of the employer where notices to employees and applicants for | ||
| employment are customarily posted a notice, prepared or approved by | ||
| the commission, setting forth the pertinent provisions of this | ||
| chapter and information relating to the enforcement of this | ||
| chapter. | ||
| (b) An employer who wilfully violates this section is liable | ||
| for a civil penalty not to exceed $100 for each violation. The | ||
| attorney general may bring an action to collect a civil penalty | ||
| under this section. Civil penalties assessed under this section | ||
| shall be deposited in the general revenue fund. | ||
| Sec. 83.009. EMPLOYMENT AND BENEFITS PROTECTION; | ||
| EXCEPTION. (a) An employee who takes leave under this chapter is | ||
| entitled, on return from the leave, to reinstatement in the former | ||
| position of employment or an equivalent position of employment with | ||
| equivalent employment benefits, pay, and other terms and conditions | ||
| of employment. | ||
| (b) Leave taken under this chapter may not result in the | ||
| loss of any employment benefit accrued before the date on which the | ||
| leave began. | ||
| (c) This section does not entitle an employee who is | ||
| reinstated in employment to: | ||
| (1) the accrual of seniority or other employment | ||
| benefits during any period of leave; or | ||
| (2) any right, benefit, or position of employment | ||
| other than any right, benefit, or position to which the employee | ||
| would have been entitled had the employee not taken the leave. | ||
| (d) This section does not prohibit an employer from | ||
| requiring an employee on leave under this chapter to report | ||
| periodically to the employer on the status and intention of the | ||
| employee to return to work. | ||
| Sec. 83.010. COMMISSION POWERS AND DUTIES. The commission | ||
| shall adopt rules as necessary to implement this chapter. | ||
| Sec. 83.011. PROHIBITED ACTS. (a) An employer may not | ||
| interfere with, restrain, or deny the exercise of or the attempt to | ||
| exercise any right provided under this chapter. | ||
| (b) An employer may not discharge or otherwise discriminate | ||
| against an individual for opposing a practice made unlawful by this | ||
| chapter. | ||
| (c) A person may not discharge or otherwise discriminate | ||
| against an individual because that individual has: | ||
| (1) filed a charge, or instituted or caused to be | ||
| instituted a proceeding, under or related to this chapter; | ||
| (2) given, or is about to give, any information in | ||
| connection with an inquiry or proceeding relating to a right | ||
| provided under this chapter; or | ||
| (3) testified, or is about to testify, in an inquiry or | ||
| proceeding relating to a right provided under this chapter. | ||
| Sec. 83.012. ENFORCEMENT. (a) An employer who violates | ||
| Section 83.011 is liable to an affected individual for damages | ||
| equal to the amount of: | ||
| (1) any wages, salary, employment benefits, or other | ||
| compensation denied or lost to the individual by reason of the | ||
| violation or, if wages, salary, employment benefits, or other | ||
| compensation has not been denied or lost, any actual monetary | ||
| losses sustained by the individual as a direct result of the | ||
| violation, including the cost of providing necessary care, not to | ||
| exceed an amount equal to the individual's wages or salary for 12 | ||
| weeks; and | ||
| (2) interest on the amount determined under | ||
| Subdivision (1) computed at the prevailing rate of interest on | ||
| judgments. | ||
| (b) The employer is also liable for equitable relief as | ||
| appropriate, including employment, reinstatement, and promotion. | ||
| (c) An action to recover damages or equitable relief under | ||
| this section may be maintained by any one or more individuals for | ||
| and on behalf of those individuals. | ||
| (d) In addition to any judgment awarded to the plaintiff, | ||
| the court may require the defendant to pay reasonable attorney's | ||
| fees, reasonable expert witness fees, and other costs. | ||
| SECTION 5.02. (a) This article applies only to a | ||
| suspension, termination, or other adverse employment action that is | ||
| taken by an employer against an employee because of an employee | ||
| absence authorized under Chapter 83, Labor Code, as added by this | ||
| article, that occurs on or after March 1, 2018. Action taken by an | ||
| employer against an employee for an employee absence occurring | ||
| before March 1, 2018, is governed by the law in effect immediately | ||
| before the effective date of this Act, and the former law is | ||
| continued in effect for that purpose. | ||
| (b) An employee is not entitled to take leave as provided by | ||
| Chapter 83, Labor Code, as added by this article, before March 1, | ||
| 2018. | ||
| (c) The Texas Workforce Commission shall adopt rules and | ||
| prescribe notices as required by Chapter 83, Labor Code, as added by | ||
| this article, not later than January 1, 2018. | ||
| ARTICLE 6. EFFECTIVE DATE | ||
| SECTION 6.01. This Act takes effect December 1, 2017. | ||
