85R7755 SMT-F     By: Rodriguez of Travis H.B. No. 1925       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. 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.          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, 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, 2017, 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, 2017.