Bill Text: TX SB476 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to claims for unpaid wages.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-02-06 - Referred to Natural Resources & Economic Development [SB476 Detail]

Download: Texas-2017-SB476-Introduced.html

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85R6575 SMT-D
By: Rodríguez, Garcia S.B. No. 476

A BILL TO BE ENTITLED
AN ACT
relating to claims for unpaid wages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 [180th day after] the date the wages claimed became
due for payment. The filing [180-day] deadline is a matter of
jurisdiction.
SECTION 3. 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.
SECTION 4. 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 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 [A]
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, 2017, the Texas
Workforce Commission shall adopt rules necessary to implement
Section 61.022, Labor Code, as added by this Act.
SECTION 8. Sections 61.021 and 61.022, Labor Code, as added
by this Act, 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 9. Section 61.051, Labor Code, as amended by this
Act, applies to a wage claim filed under Subchapter D, Chapter 61,
Labor Code, for wages that become due for payment on or after March
5, 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 10. Section 61.053(a), Labor Code, as amended by
this Act, and Section 61.0531, Labor Code, as added by this Act,
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 11. 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 12. This Act takes effect September 1, 2017.