Bill Text: TX HB106 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to employer retaliation against employees who seek recovery of unpaid wages and procedures in wage claim hearings conducted by the Texas Workforce Commission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-25 - Left pending in committee [HB106 Detail]

Download: Texas-2019-HB106-Introduced.html
  86R1907 SMT-F
 
  By: Rodriguez of Travis H.B. No. 106
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employer retaliation against employees who seek
  recovery of unpaid wages and procedures in wage claim hearings
  conducted by 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 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
  average wages the employee earns during a two-week period, plus
  $500; 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 REGARDING EMPLOYER RETALIATION.
  (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 61.053(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 [may] assess an administrative penalty
  against the employer.
         SECTION 3.  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 4.  The heading to Section 61.058, Labor Code, is
  amended to read as follows:
         Sec. 61.058.  HEARING PROCEDURES; PRESUMPTION.
         SECTION 5.  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 6.  Not later than December 1, 2019, the Texas
  Workforce Commission shall adopt rules necessary to implement
  Section 61.022, Labor Code, as added by this Act.
         SECTION 7.  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 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.  This Act takes effect September 1, 2019.
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