|
§ 22.001. DEFINITIONS. In this chapter: (1) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property that results from a natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, or other public calamity requiring emergency action, or an energy emergency.
(2) "Emergency evacuation order" means an official statement issued by the governing body of this state or a political subdivision of this state to recommend the evacuation of all or part of the population of an area stricken or threatened with a disaster. The term includes a declaration of local disaster under Section 418.108, Government Code.
(3) "Emergency services personnel" includes fire fighters, police officers and other peace officers, emergency medical technicians, and other individuals who are required, in the course and scope of their employment, to provide services for the benefit of the general public during emergency situations.
(4) "Employee" means an individual who is employed by an employer for compensation.
(5) "Employer" means a person who employs one or more employees. (6) "Political subdivision" means a county, municipality, special district, or authority of this state.
Added by Acts 1995, 74th Leg., ch. 76, § 9.09(a), eff. Sept. 1, 1995.
§ 22.002. DISCRIMINATION PROHIBITED. An employer may not discharge or in any other manner discriminate against an employee who leaves the employee's place of employment to participate in a general public evacuation ordered under an emergency evacuation order.
Added by Acts 1995, 74th Leg., ch. 76, § 9.09(a), eff. Sept. 1, 1995.
§ 22.003. LIABILITY; REINSTATEMENT. (a) An employer who violates Section 22.002 is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation.
(b) A person discharged in violation of Section 22.002 is entitled to reinstatement in the same or an equivalent position of employment with commensurate pay.
Added by Acts 1995, 74th Leg., ch. 76, § 9.09(a), eff. Sept. 1, 1995.
§ 22.004. EXEMPTION; EMERGENCY SERVICES PERSONNEL. (a) Section 22.002 does not apply to individuals employed as emergency services personnel if the employer provides adequate emergency shelter for those individuals.
(b) This chapter does not apply to a person who is necessary to provide for the safety and well-being of the general public, including a person necessary for the restoration of vital services.
Added by Acts 1995, 74th Leg., ch. 76, § 9.09(a), eff. Sept. 1, 1995. § 52.001. RETAIL EMPLOYER. (a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.
(b) The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked.
(c) The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.
(d) This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 52.002. EMPLOYER FORMERLY SUBJECT TO SATURDAY/SUNDAY CLOSING LAW. An employer whose establishment was closed on Saturday or Sunday to comply with Chapter 15, Acts of the 57th Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas Civil Statutes), before that Act was repealed effective September 1, 1985, may not require an employee who has been continuously employed by that employer since August 31, 1985, to work on whichever of those days the establishment was closed.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 52.003. OFFENSE; PENALTY; DEFENSE. (a) A person commits an offense if the person violates this subchapter.
(b) An offense under this section is a Class C misdemeanor. (c) It is an affirmative defense to prosecution under this section that the employee volunteered for work on the seventh consecutive day and that the employee signed a written statement stating that the employee volunteered. The statement must also contain a provision, signed by the employer or the employer's agent, that the employer did not require the work.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. RESTRICTION ON WORK BY FOREIGN CREW
§ 52.011. PROHIBITION OF CERTAIN WORK BY FOREIGN CREW; PENALTY. (a) A person commits an offense if the person:
(1) is an officer or member of a crew of a foreign seagoing vessel; and (2) works on a wharf or levee of a port beyond the end of the vessel's tackle.
(b) An offense under this section is punishable by: (1) a fine of not less than $10 and not more than $100; (2) confinement in jail for a term of not less than 10 days and not more than 30 days; or
(3) both the fine and confinement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. RESTRICTIONS ON LENGTH OF HOES
§ 52.021. MINIMUM LENGTH OF HOE HANDLES. (a) An employer of agricultural laborers may not require an employee to use a hoe that has a handle shorter than four feet while performing agricultural labor in a commercial farming operation.
(b) This section does not apply to an employer engaged in the operation of a greenhouse or nursery.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 52.022. OFFENSE; PENALTY. (a) A person commits an offense if the person violates Section 52.021.
(b) An offense under this section is a Class C misdemeanor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. RESTRICTIONS ON BLACKLISTING
§ 52.031. BLACKLISTING OFFENSE; PENALTY. (a) In this section, "blacklist" means to place on a book or list or publish the name of an employee of an individual, firm, company, or corporation who was discharged or who voluntarily left that employment, intending to prevent the employee from engaging in or securing employment of any kind with any other person, in either a public or a private capacity.
(b) A person commits an offense if the person: (1) blacklists or causes to be blacklisted an employee; or (2) conspires or contrives by correspondence or any other manner to prevent an employee discharged by a corporation, company, or individual from procuring employment.
(c) An offense under this section is punishable by: (1) a fine of not less than $50 or more than $250; (2) imprisonment in jail for not less than 30 days or more than 90 days; or
(3) both the fine and imprisonment. (d) This section may not be held to prohibit a corporation, company, or individual from giving, on application from a discharged employee or a person desiring to employ the employee, a written truthful statement of the reason for the discharge. The written statement may not be used as the cause for a civil or criminal action for libel against the person who furnishes the statement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
§ 52.041. COERCION OF EMPLOYEE TRADE; PENALTY. (a) A person, firm, or corporation commits an offense if the person, firm, or corporation requires or attempts to require by coercion an employee to:
(1) deal with a person, association, corporation, or company; or (2) purchase an article of food, clothing, or other merchandise at a place or store.
(b) A person, firm, or corporation commits an offense if the person, firm, or corporation excludes from work, punishes, or blacklists an employee for failure to:
(1) deal with the person, firm, or corporation; or (2) purchase an article of food, clothing, or other merchandise at a place or store.
(c) An offense under this section is punishable by a fine of not less than $50 or more than $200.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER F. RESTRICTIONS ON PENALIZING EMPLOYEE FOR COMPLIANCE WITH SUBPOENA
§ 52.051. PENALIZING EMPLOYEE FOR COMPLIANCE WITH SUBPOENA. (a) An employer may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding.
(b) If the subpoena to which a violation of Subsection (a) applies is issued by a court, the employer violating Subsection (a) may be found in contempt by the court issuing the subpoena.
(c) If the subpoena to which a violation of Subsection (a) applies is issued by a legislative committee or a state agency, the employer violating Subsection (a) is subject to the authority of the committee or agency to impose a monetary penalty, not to exceed $500, on a person who violates an order of the committee or agency.
(d) An employee discharged in violation of this section is entitled to return to the same employment that the employee had at the time the employee was subpoenaed if the employee, as soon as practical after release from compliance with the subpoena, gives the employer actual notice that the employee intends to return.
(e) An employee injured because of the violation of this section by an employer may recover:
(1) damages in an amount that does not exceed six months' compensation at the rate at which the employee was compensated when the subpoena was issued; and
(2) reasonable attorney's fees. (f) It is a defense to an action by an employee under this section for reemployment that reemployment is impossible or unreasonable because of a change in the employer's circumstances while the employee complied with the subpoena.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. § 62.001. SHORT TITLE. This chapter may be cited as the Texas Minimum Wage Act.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.002. DEFINITIONS. In this chapter, unless the context requires a different definition:
(1) "Agricultural piece rate worker" means a person: (A) who is employed as a hand harvest laborer in agriculture; and (B) whose pay is computed on a piece rate in an operation for which the pay has been and is customarily and generally recognized as having been computed on a piece rate in the region of employment.
(2) "Agriculture" includes: (A) farming in all its branches; (B) cultivating and tilling the soil; (C) dairying; (D) producing, cultivating, growing, and harvesting an agricultural or horticultural commodity, including a commodity defined as an agricultural commodity by Section 15(g), Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
(E) raising livestock, bees, fur-bearing animals, or poultry; and (F) any practice performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including:
(i) forestry or lumber operations; (ii) preparation for market; and (iii) delivery to storage, market, or a carrier for transportation to market.
(3) "Commission" means the Texas Employment Commission. (4) "Employ" includes to permit to work. (5) "Employee" includes any individual employed by an employer. (6) "Employer" includes a person acting directly or indirectly in the interest of an employer in relation to an employee.
(7) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.003. EARNINGS STATEMENT. (a) At the end of each pay period, an employer shall give each employee a written 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.
(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.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 461, § 1, eff. Sept. 1, 2003.
§ 62.004. PROVISION OF INFORMATION. The commission shall provide information to the public about this chapter to ensure that both employers and employees in this state are fully aware of:
(1) their respective rights and responsibilities; (2) the specified exemptions; and (3) the penalties and liabilities that may be incurred for a violation of this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.005. COLLECTIVE BARGAINING NOT IMPAIRED. This chapter does not interfere with or in any way diminish the right of employees to bargain collectively with their employer through representatives chosen by the employees to establish wages that exceed the applicable minimum wage under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. MINIMUM WAGE
§ 62.051. MINIMUM WAGE. Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 386, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 461, § 2, eff. Sept. 1, 2003.
§ 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL ENTITIES. (a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract.
(b) This section does not apply to any state or federal job training or workforce development program.
(c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity. A private entity that enters into a contract or agreement, including a non-annexation agreement, with a governmental entity, under the terms of which the private entity agrees to comply with a minimum wage established by the governmental entity, is subject to the terms of that contract or agreement, and those terms apply to and may be enforced against a general contractor, subcontractor, developer, and other person with which the private entity contracts in order to comply with the provisions of the original contract or agreement.
(d) For purposes of this section, "governmental entity" includes a municipality, a county, a special district or authority, a junior college district, or another political subdivision of this state.
Added by Acts 2003, 78th Leg., ch. 461, § 3, eff. Sept. 1, 2003.
§ 62.052. TIPPED EMPLOYEES. (a) In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)).
(b) In this section, "tipped employee" means an employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 386, § 2, eff. Sept. 1, 2001.
§ 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 62.003.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL. An employer may not be required to pay an employee who lives on the premises of a business and who is assigned certain working hours plus additional hours when the employee is subject to call for more than the number of hours the employee actually works or is on duty because of assigned working hours.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION. (a) A person may be compensated for services rendered to the Texas Department of Mental Health and Mental Retardation or a department facility at a percentage of the base wage adopted under this section if:
(1) the person is a patient or client of a department facility; (2) the person's productive capacity is impaired; (3) the person: (A) assists in the operation of the facility as part of the person's therapy; or
(B) receives occupational training in a sheltered workshop or other program operated by the department; and
(4) the facility or department derives an economic benefit from the person's services.
(b) The percentage of the base wage paid to a person under Subsection (a) must correspond to the percentage of the person's productive capacity compared with the capacity of an employee who performs the same or similar tasks and who is not similarly impaired.
(c) The department shall adopt rules to determine the base wage and the percentage of productive capacity of the patients and clients and other rules necessary to implement this section.
(d) Services rendered and payment provided under this section may not be construed as creating an employer-employee relationship between the department and the patient or client engaged in occupational training or therapeutic or rehabilitative services.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS
§ 62.101. DEFINITION.. In this subchapter, "commissioner" means the commissioner of agriculture.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE WORKERS. (a) A person employed as an agricultural piece rate worker to harvest a commodity for which a piece rate has been established by the commissioner under this subchapter is entitled to receive not less than the minimum hourly wage established under Section 62.051.
(b) Section 62.051 applies to an employer employing a hand harvest laborer to harvest a commodity for which a piece rate has not been established.
(c) An employer may not pay an agricultural piece rate worker at a piece rate less than the rate determined by the commissioner under Section 62.103.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.103. PIECE RATE DETERMINED BY COMMISSIONER. (a) The commissioner shall determine a piece rate for each agricultural commodity that is commercially produced in substantial quantity in this state.
(b) For each agricultural commodity, the piece rate must be equivalent to the minimum hourly wage for other agricultural workers, as provided by Section 62.051, so that when payment by unit of production is applied to a worker of average ability and diligence in harvesting the commodity, the worker receives an amount equal to the minimum hourly wage for other agricultural workers.
(c) If an agricultural piece rate worker harvests more than the number of units of a particular commodity that would provide the established minimum wage, the worker shall be paid for the total number of units of production that the worker harvests.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.104. COLLECTION OF INFORMATION. (a) The commissioner shall collect sufficient information about the actual productivity of hand harvesters of agricultural commodities in this state to reasonably determine a piece rate for each commodity.
(b) The commissioner shall retain all information used for determining a piece rate while the piece rate is in effect.
(c) All information used for determining a piece rate shall be available for public inspection.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.105. COMPUTATION OF PIECE RATE. (a) From the information collected under Section 62.104, the average hourly productivity of hand harvest laborers for each agricultural commodity commercially produced in substantial quantity in this state shall be computed and expressed in:
(1) units of the commodity; or (2) units of weight or measure customarily used in regard to the commodity.
(b) The piece rate established by the commissioner for a commodity must equal the minimum wage for agricultural workers under Section 62.051 divided by the average hourly production of hand harvesters of the commodity, rounded to the nearest cent.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.106. HEARINGS. (a) Before issuing an order establishing a piece rate, the commissioner or a person designated by the commissioner shall hold a public hearing at which the proposed rate and the information from which the rate is determined shall be presented.
(b) Agricultural employers and employees or their representatives shall be given a reasonable opportunity to be heard and to protest the establishment of a proposed rate.
(c) After a hearing, the commissioner may modify a proposed rate before finally establishing the rate.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.107. ORDER ESTABLISHING PIECE RATE. (a) An order of the commissioner establishing or modifying a piece rate may not take effect before the 31st day after the date the order is issued.
(b) Each order establishing a piece rate shall be kept on file in the commissioner's office in Austin, Texas.
(c) The commissioner shall furnish a copy of each order establishing a piece rate to the Texas Workforce Commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 817, § 10.12, eff. Sept. 1, 2003.
§ 62.108. RULES. The commissioner may adopt rules necessary for the proper administration of this subchapter, including procedures for giving notice of and conducting hearings.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.109. APPEAL OF COMMISSIONER'S DECISION. (a) Unless set aside by a judgment of a court of competent jurisdiction, the commissioner's decision establishing a piece rate is final and binding on all parties subject to this chapter.
(b) If a piece rate for a commodity is set aside by final judgment of a court of competent jurisdiction, the minimum hourly wage provided by Section 62.051 applies to harvesting the commodity until a valid piece rate is established.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.110. CHANGE IN PIECE RATE. A new piece rate may be established for a commodity in the manner provided for the establishment of an initial piece rate at any time the information available to the commissioner indicates a substantial change in condition.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.111. ANNUAL REVIEW OF PIECE RATES. The commissioner shall review each piece rate at least annually and shall determine if a new piece rate is needed.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.112. PIECE RATE FOR CERTAIN COMMODITIES PROHIBITED. (a) A piece rate may not be established for harvesting of a commodity if, in the commissioner's judgment:
(1) sufficient information is not available for determining the average hourly productivity of hand harvesters of the commodity; or
(2) the commodity is not commercially produced in this state in sufficient quantity to justify establishing a piece rate.
(b) The commissioner's decision not to establish a piece rate for a particular commodity does not preclude the subsequent establishment of a piece rate for the commodity when, in the commissioner's judgment:
(1) sufficient information is available; and (2) the quantity of production of the commodity justifies establishing a piece rate.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.113. APPLICATION TO DIRECT EMPLOYMENT AND CONTRACT LABOR. This subchapter applies to:
(1) a person directly employed by an owner, operator, or manager of a farm; and
(2) a person whose services to perform agricultural labor are furnished to an employer by someone other than the laborer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.114. SUSPENSION OF PIECE RATE. The commissioner by order may suspend a piece rate in a specified area for not more than 30 days in an emergency caused by:
(1) a flood, hurricane, or other natural disaster; or (2) any occurrence that may result in the excessive loss of agricultural products.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. EXEMPTIONS
§ 62.151. PERSON COVERED BY FEDERAL ACT. This chapter and a municipal ordinance or charter provision governing wages in private employment, other than wages under a public contract, do not apply to a person covered by the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 461, § 4, eff. Sept. 1, 2003.
§ 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL, CHARITABLE, OR NONPROFIT ORGANIZATION. An employer is exempt from this chapter with respect to the employment of a person who is:
(1) a member of a religious order while the person is performing a service for or at the direction of the order;
(2) a duly ordained, commissioned, or licensed minister, priest, rabbi, sexton, or Christian Science reader while the person is performing services in that capacity for a church, synagogue, or religious organization;
(3) engaged in the activities of a religious, educational, charitable, or nonprofit organization in which:
(A) the employer-employee relationship does not in fact exist; or (B) the services are rendered to the organization gratuitously; (4) employed by the Boy Scouts of America, the Girl Scouts of America, or a local organization affiliated with those organizations;
(5) employed by a camp of a religious, educational, charitable, or nonprofit organization; or
(6) employed with the person's spouse by a nonprofit educational institution to serve as the parents of a child:
(A) who is an orphan; (B) one of whose natural parents is deceased; or (C) who is enrolled in and resides in residential facilities of the institution, if the employee and the employee's spouse:
(i) reside in residential facilities of the institution; and (ii) receive, without cost, board and lodging from the institution.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS, SALESPERSONS, AND PUBLIC OFFICIALS. An employer is exempt from this chapter with respect to the employment of a person:
(1) employed in a bona fide executive, administrative, or professional capacity;
(2) employed as an outside salesperson or collector and paid a commission; or
(3) who performs services for a political subdivision as an elected official or as a member of a legislative body.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.154. DOMESTIC EMPLOYMENT. An employer is exempt from this chapter with respect to the employment of a person who:
(1) performs domestic services in or about a private home, including a person who performs the duties of baby-sitting in or out of the employer's home; or
(2) lives in or about a private home and furnishes personal care for a resident of the home.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS. An employer is exempt from this chapter with respect to the employment of a person who:
(1) is less than 18 years of age and is not a high school graduate or a graduate of a vocational training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate;
(2) is less than 20 years of age and is a student regularly enrolled in a high school, college, university, or vocational training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate; or
(3) has a disability and who is: (A) not more than 21 years of age; (B) a client of vocational rehabilitation; and (C) participating in a cooperative school-work program.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.156. EMPLOYMENT OF INMATES. An employer is exempt from this chapter with respect to the employment of a person who performs services while imprisoned in the institutional division of the Texas Department of Criminal Justice or while confined in a local jail.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS. An employer is exempt from this chapter with respect to employment of the employer's brother, sister, brother-in-law, sister-in-law, child, spouse, parent, son-in-law, daughter-in-law, ward, or person in loco parentis to the employee.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.158. CERTAIN AMUSEMENT AND RECREATIONAL ESTABLISHMENTS. An employer is exempt from this chapter with respect to employment in an amusement or recreational establishment that:
(1) does not operate for more than seven months in a calendar year; or (2) had average receipts for any six months of the preceding calendar year of not more than 33-1/3 percent of its average receipts for the other six months of the year.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO UNEMPLOYMENT COMPENSATION FUND; CERTIFICATE. (a) An employer that is not liable for payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, is exempt from this chapter, except with respect to employment of a person in agriculture.
(b) The commission shall furnish a certificate stating whether a specified employer is liable for the payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, to a person making a written request for a certificate. The commission may require payment of a fee not to exceed $5 for the issuance of the certificate.
(c) A certificate issued under this section is admissible in evidence in an action brought by an employee under Subchapter E. In the absence of evidence to the contrary:
(1) it is presumed that the facts stated in the certificate are true; and (2) the certificate is conclusive as to whether the named employer is exempt from this chapter under this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, § 9.16, eff. Sept. 1, 1995.
§ 62.160. AGRICULTURAL EXEMPTIONS. (a) An employer is exempt from this chapter with respect to employment of a person in dairy farming.
(b) Sections 62.051-62.054 and Subchapter C do not apply to an agricultural employer with respect to an employee engaged in the production of livestock.
(c) In this section, "production of livestock" includes: (1) any livestock operation, without regard to size or type of location, in which the land produces forage or feedstuffs, including naturally or artificially revegetated forage or feedstuffs;
(2) breeding, feeding, watering, containing, maintaining, and caring for livestock;
(3) production of livestock in feedlots; and (4) all other activities necessary or useful to the raising of livestock.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.161. SHELTERED WORKSHOPS. A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering those activities is considered to have complied with this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. CIVIL PENALTY
§ 62.201. CIVIL PENALTY. An employer who violates Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable to an affected employee in the amount of the unpaid wages plus an additional equal amount as liquidated damages.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 461, § 5, eff. Sept. 1, 2003.
§ 62.202. LIMITATIONS. An action to recover a liability imposed by this subchapter must be brought not later than the second anniversary of the date on which the unpaid wages are due and payable.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.203. PLAINTIFFS. (a) An action to recover a liability under this subchapter may be brought by an employee for that employee and other similarly affected employees.
(b) An employee may not be a plaintiff to an action brought under this subchapter unless:
(1) the employee consents in writing; and (2) the consent is filed in the court in which the action is brought.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.204. REQUIRED FINDINGS. At the trial of an action brought under this subchapter, the plaintiff recovers if the jury or the court finds from a preponderance of the evidence that:
(1) the plaintiff is or has been employed by the defendant at any time during the two years preceding the institution of the action;
(2) the original petition filed by or on behalf of the plaintiff is verified; and
(3) the defendant failed to pay the plaintiff the minimum wage under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.205. ATTORNEY'S FEES; COSTS. In addition to a judgment awarded to the plaintiff, the court shall allow reasonable attorney's fees and costs of the action to be paid by the defendant.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. § 63.001. ASSIGNMENT OF UNEARNED WAGES; NOTICE REQUIRED. An employee's assignment of the employee's wages or a salary is not effective against the employee's employer in any suit for wages or salaries that are unearned at the time the assignment is executed unless the employer is given written notice of the assignment immediately after the execution of the assignment.
Added by Acts 1995, 74th Leg., ch. 76, § 9.17(a), eff. Sept. 1, 1995.
§ 63.002. EXEMPTION. This chapter does not affect Section 22.002, Education Code.
Added by Acts 1995, 74th Leg., ch. 76, § 9.17(a), eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, § 12.01, eff. Sept. 1, 1999. § 64.001. DEFINITIONS. In this chapter: (1) "Employer's evidence of indebtedness" means an instrument, other than money, used by a person to pay an employee or laborer of the person for labor or otherwise. The term includes:
(A) a coupon; (B) a chip; (C) scrip; (D) a punchout; and (E) a store order. (2) "Holder" means an employee, laborer, or other bona fide holder who holds an employer's evidence of indebtedness.
Added by Acts 1995, 74th Leg., ch. 76, § 9.18(a), eff. Sept. 1, 1995.
§ 64.002. REDEMPTION OF EVIDENCE OF INDEBTEDNESS. (a) A person who uses an employer's evidence of indebtedness shall, on the demand for redemption and presentation of the employer's evidence of indebtedness by the holder on a regular payday, redeem the employer's evidence of indebtedness:
(1) for United States currency; and (2) at the face value of the employer's evidence of indebtedness. (b) The face value of an employer's evidence of indebtedness is currency equal to the cash value of the purchasing power in merchandise at the commissary or other repository of the person.
Added by Acts 1995, 74th Leg., ch. 76, § 9.18(a), eff. Sept. 1, 1995.
§ 64.003. ACTION TO ENFORCE REDEMPTION; PENALTY. (a) A holder who under Section 64.002 presents an employer's evidence of indebtedness and demands redemption is entitled, if the person using the employer's evidence of indebtedness refuses redemption, to recover from that person:
(1) the value of the employer's evidence of indebtedness; (2) a penalty in an amount equal to 25 percent of the amount due; and (3) costs of court and reasonable attorney's fees. (b) The holder may bring an action under Subsection (a) in the holder's own name.
Added by Acts 1995, 74th Leg., ch. 76, § 9.18(a), eff. Sept. 1, 1995. § 82.001. DEFINITIONS. In this chapter: (1) "Employee benefit plan" includes: (A) a retirement benefits plan; (B) a death benefits plan; and (C) a savings plan. (2) "Employer" includes a former employer.
Added by Acts 1995, 74th Leg., ch. 76, § 9.19(a), eff. Sept. 1, 1995.
§ 82.002. DISCHARGE OF LIABILITY. (a) A payment or refund made by an employer or trustee under a written employee benefit plan to a person described by Subsection (b) fully discharges the employer or trustee from all adverse claims against the payment or refund unless, before making the payment, the employer or trustee receives a notice that some other person claims to be entitled to all or part of the payment or refund.
(b) Subsection (a) applies to a payment to: (1) an employee; (2) a former employee; (3) an employee's or former employee's beneficiary, heir, or legatee; or (4) a representative of an employee's or former employee's estate.
Added by Acts 1995, 74th Leg., ch. 76, § 9.19(a), eff. Sept. 1, 1995.
§ 82.003. NOTICE. (a) The notice described by Section 82.002 must be received at:
(1) the employer's principal place of business in this state, if given to an employer; or
(2) the trustee's home office, if given to the trustee. (b) The notice may be given by or on behalf of the other person.
Added by Acts 1995, 74th Leg., ch. 76, § 9.19(a), eff. Sept. 1, 1995.
§ 82.004. CORPORATION MAY TRANSFER STOCK OWNERSHIP. A corporation, the stock of which is a part of a payment or refund that is made as provided by Section 82.002, may accept the stock for transfer as directed by the employer or trustee and treat the person to whom the stock is transferred as the owner of the stock for all purposes unless or until the corporation receives at its home office written notice by or on behalf of a person other than the person to whom the transfer is directed that the other person claims ownership of the stock or another interest in the stock.
Added by Acts 1995, 74th Leg., ch. 76, § 9.19(a), eff. Sept. 1, 1995.
§ 82.005. LIMITED EFFECT. This chapter does not affect a claim or right to a payment or refund between persons other than:
(1) an employer or trustee that makes the payment or refund; or (2) a corporation that accepts for transfer corporate stock that is a part of the payment or refund.
Added by Acts 1995, 74th Leg., ch. 76, § 9.19(a), eff. Sept. 1, 1995. § 92.001. PURPOSE. (a) The legislature finds that this chapter is necessary to:
(1) provide for the health, safety, and welfare of workers throughout this state; and
(2) establish uniform standards of conduct and practice for certain employers in this state.
(b) This chapter shall be implemented in accordance with these purposes.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.002. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) Repealed by Acts 2003, 78th Leg., ch. 816, § 16.004(1). (3) "Common worker" means an individual who performs labor involving physical tasks that do not require:
(A) a particular skill; (B) training in a particular occupation, craft, or trade; or (C) practical knowledge of the principles or processes of an art, science, craft, or trade.
(4) "Department" means the Texas Department of Licensing and Regulation. (4-a) "Executive director" means the executive director of the department. (5) "Governmental subdivision" means a municipality, county, special district, zone, authority, or other entity that is chartered, created, or authorized by this state.
(6) "Labor hall" means a central location maintained by a license holder where common workers assemble and are dispatched to work for a user of common workers.
(7) "Temporary common worker employer" means a person who provides common workers to a user of common workers. The term includes a temporary common worker agent or temporary common worker agency.
(8) "User of common workers" means a person who uses the services of a common worker provided by a temporary common worker employer.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, § 16.001, 16.004(1), eff. Sept. 1, 2003.
§ 92.003. AGENCY POWERS AND DUTIES. The department and commission shall exercise the regulatory, administrative, and licensing authority granted under this chapter as provided by Chapter 51, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 836, § 5, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1420, § 14.817, eff. Sept. 1, 2001.
§ 92.004. APPLICABILITY OF OTHER LAW. Section 51.405, Occupations Code, does not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, § 16.002, eff. Sept. 1, 2003.
SUBCHAPTER B. LICENSE REQUIREMENTS
§ 92.011. LICENSE REQUIRED. A person may not operate as a temporary common worker employer in this state unless the person holds a license issued under this chapter for each location at which the person operates.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.012. EXEMPTIONS FROM LICENSING REQUIREMENT. This chapter does not apply to:
(1) a temporary skilled labor agency; (2) a staff leasing services company; (3) an employment counselor; (4) a talent agency; (5) a labor union hiring hall; (6) a temporary common worker employer that does not operate a labor hall; (7) a labor bureau or employment office operated by a person for the sole purpose of employing an individual for the person's own use; or
(8) an employment service or labor training program provided by a governmental entity.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.013. EFFECT OF OTHER REGULATION. (a) Except as provided by Subsection (b), a license issued under this chapter supersedes a license required or issued by a municipality or other governmental subdivision of this state, and a license holder may not be required to hold a license issued by a municipality or other governmental subdivision of this state to operate as a temporary common worker employer in the municipality or governmental subdivision.
(b) A municipality with a population greater than 750,000 may establish municipal licensing requirements that impose stricter standards than those imposed under Subchapter C.
(c) This chapter does not restrict the zoning authority of a municipality.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.014. LICENSE APPLICATION AND ISSUANCE. (a) The department shall issue a temporary common worker employer license to a person who meets the application requirements established by the executive director and pays the application and registration fees set by the commission.
(b) A license issued under this chapter is valid throughout this state and is not assignable or transferable.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, § 26.020, eff. Sept. 1, 2003.
§ 92.015. LICENSE RENEWAL. (a) A license issued under this chapter is valid for one year from the date of issuance and may be renewed on payment of the required renewal fee.
(b) Repealed by Acts 2003, 78th Leg., ch. 816, § 16.004(2). (c) Repealed by Acts 2003, 78th Leg., ch. 816, § 16.004(2).
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, § 16.004(2), eff. Sept. 1, 2003.
SUBCHAPTER C. POWERS AND DUTIES OF LICENSE HOLDER
§ 92.021. LICENSE HOLDER AS EMPLOYER. (a) Each license holder is the employer of the common workers provided by that license holder.
(b) A license holder may hire, reassign, control, direct, and discharge the employees of the license holder.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each license holder shall maintain and make available to a representative of the department records that show for each common worker provided by the license holder to a user of common workers:
(1) the name and address of the worker; (2) the hours worked; (3) the places at which the work was performed; (4) the wages paid to the worker; and (5) any deductions made from those wages. (b) The license holder shall maintain the records at least until the second anniversary of the date on which the worker was last employed by the license holder.
(c) Information received by the commission or department under this section is privileged and confidential and is for the exclusive use of the commission or department. The information may not be disclosed to any other person except on the entry of a court order requiring disclosure or on the written consent of a person under investigation who is the subject of the records.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, § 16.003, eff. Sept. 1, 2003.
§ 92.023. POSTING OF CERTAIN INFORMATION. (a) Each license holder shall post the license for a place of business at which the license holder operates as a temporary common worker employer in a conspicuous place on the licensed premises for inspection.
(b) Each license holder shall also post in a conspicuous place in the licensed premises a notice of any charge permitted under this chapter that the license holder may assess against a common worker for equipment, tools, transportation, or other work-related services.
(c) For purposes of this section, "conspicuous place" means a location that is in open view to the general public.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.024. LABOR HALL REQUIREMENTS. A license holder that operates a labor hall as part of a licensed premises shall provide adequate facilities for a worker waiting for a job assignment. The facilities must include:
(1) restroom facilities for both men and women; (2) drinking water; (3) sufficient seating; and (4) access to vending refreshments and food.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
§ 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED. (a) A license holder may not charge a common worker for:
(1) safety equipment, clothing, or accessories required by the nature of the work, either by law, custom, or the requirements of the user of common workers;
(2) uniforms, special clothing, or other items required as a condition of employment by the user of common workers;
(3) the cashing of a check or voucher; or (4) the receipt by the worker of earned wages. (b) A license holder may not deduct or withhold any amount from the earned wages of a common worker except:
(1) a deduction required by federal or state law; or (2) a reimbursement for a cash advance made to the worker during the same pay period.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995.
SUBCHAPTER D. CRIMINAL PENALTY
§ 92.031. CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly or intentionally violates:
(1) this chapter; (2) a rule adopted under this chapter; or (3) an administrative order adopted under this chapter. (b) An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, § 26.021, eff. Sept. 1, 2003. § 93.001. DEFINITIONS. In this chapter: (1) "Temporary employee" means an individual hired for a temporary employment service.
(2) "Temporary employment service" means a person who employs individuals for the purpose of assigning those individuals to the clients of the service to support or supplement the client's workforce in a special work situation, including:
(A) an employee absence; (B) a temporary skill shortage; (C) a seasonal workload; or (D) a special assignment or project.
Added by Acts 1997, 75th Leg., ch. 574, § 1, eff. Sept. 1, 1997.
§ 93.002. PROHIBITION. A temporary employment service may not deny an application for, or placement in, a position of employment to an individual for the sole reason that the individual has not earned a high school diploma or graduate equivalency diploma unless the position of employment or the client requires that credential to perform the duties of the position.
Added by Acts 1997, 75th Leg., ch. 574, § 1, eff. Sept. 1, 1997.
§ 93.003. NO CAUSE OF ACTION. This chapter does not create a private cause of action for any person or class of persons.
Added by Acts 1997, 75th Leg., ch. 574, § 1, eff. Sept. 1, 1997.
|
