Bill Text: TX SB1484 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the required earnings statement provided by employers; creating civil liability; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Natural Resources & Economic Development [SB1484 Detail]
Download: Texas-2019-SB1484-Introduced.html
86R2198 LED-D | ||
By: Hinojosa | S.B. No. 1484 |
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relating to the required earnings statement provided by employers; | ||
creating civil liability; providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 62.003, Labor Code, is transferred to | ||
Subchapter B, Chapter 61, Labor Code, redesignated as Section | ||
61.0181, Labor Code, and amended to read as follows: | ||
Sec. 61.0181 [ |
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AND ADMINISTRATIVE PENALTY. (a) At the end of each pay period, an | ||
employer shall give each employee a written or electronic earnings | ||
statement covering the pay period. | ||
(b) An earnings statement must be signed by the employer or | ||
the employer's agent and must show: | ||
(1) the name of the employee; | ||
(2) the rate of pay; | ||
(3) the total amount of pay earned by the employee | ||
during the pay period; | ||
(4) any deduction made from the employee's pay and the | ||
purpose of the deduction; | ||
(5) the amount of pay after all deductions are made; | ||
and | ||
(6) the total number of: | ||
(A) hours worked by the employee if the | ||
employee's pay is computed by the hour; or | ||
(B) units produced by the employee during the pay | ||
period if the employee's pay is computed on a piece rate. | ||
(c) An earnings statement may be in any form determined by | ||
the employer. The information required by Subsection (b) may be | ||
stated on a check voucher or bank draft given to an employee for the | ||
employee's wages. An employer who gives an electronic earnings | ||
statement shall take reasonable measures to protect, secure, and, | ||
if appropriate, encrypt the information required by Subsection (b). | ||
(c-1) Except as provided by Subsection (c-2), an employer | ||
who fails to give a written or electronic earnings statement is | ||
liable to the affected employee in the amount of: | ||
(1) $50 for the first pay period in which the employer | ||
fails to give a written or electronic earnings statement; and | ||
(2) $100 for each subsequent pay period in which the | ||
employer fails to give a written or electronic earnings statement. | ||
(c-2) An employer is not liable for more than $4,000 under | ||
Subsection (c-1). | ||
(c-3) A court shall award costs and reasonable attorney's | ||
fees to an employee who prevails in an action described by | ||
Subsection (c-1). | ||
(c-4) If the commission determines that an employer has | ||
failed to give a written or electronic earnings statement for a pay | ||
period, the commission may assess an administrative penalty against | ||
the employer in the amount of: | ||
(1) $250 per employee for the first pay period in which | ||
the employer fails to give a written or electronic earnings | ||
statement; and | ||
(2) $1,000 per employee for each subsequent pay period | ||
in which the employer fails to give a written or electronic earnings | ||
statement. | ||
(d) In this section, "pay period" means the period that an | ||
employee works for which salary or wages are regularly paid under | ||
the employee's employment agreement. | ||
SECTION 2. Section 62.053, Labor Code, is amended to read as | ||
follows: | ||
Sec. 62.053. COST OF MEALS OR LODGING. In computing the | ||
wage paid to an employee, an employer may include the reasonable | ||
cost to the employer of furnishing meals, lodging, or both to the | ||
employee if: | ||
(1) meals or lodging customarily are furnished by the | ||
employer to employees; and | ||
(2) the cost of the meals and lodging are separately | ||
stated and identified in the earnings statement furnished to the | ||
employee under Section 61.0181 [ |
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SECTION 3. This Act takes effect September 1, 2019. |