Title LA, Labor Code

Sec. 51.0355. CONSIDERATION OF PRELIMINARY DETERMINATION ORDER. The child labor appeal tribunal may modify, affirm, or rescind a preliminary determination order. Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.

Sec. 51.0356. ORDER AFTER HEARING. After a hearing, the child labor appeal tribunal shall enter a written order for the payment of any penalty the child labor appeal tribunal assesses. Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.

Sec. 51.036. NOTICE AND FINALITY OF ORDER. (a) The child labor appeal tribunal shall mail to each party to the appeal notice of: (1) the decision; (2) the violation; and (3) the amount of any penalty assessed. (b) The notice shall be mailed to a party's last known address, as sho…

Sec. 51.0361. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE CHILD LABOR APPEAL TRIBUNAL. (a) The commission by order may remove to itself or transfer to another child labor appeal tribunal the proceedings pending before a child labor appeal tribunal. (b) The commission promptly sha…

Sec. 51.0362. COMMISSION REVIEW OF CHILD LABOR APPEAL TRIBUNAL ORDER. The commission may: (1) on its own motion: (A) affirm, modify, or set aside an order issued under Section 51.036 on the basis of the evidence previously submitted in the case; or (B) direct the taking of additi…

Sec. 51.0363. NOTICE OF COMMISSION ACTION. (a) The commission shall mail to each party to the appeal under Section 51.0362 notice of: (1) the commission's decision; (2) the violation; (3) the amount of any penalty assessed; and (4) the person's right to judicial review of the ord…

Sec. 51.0364. FINALITY OF COMMISSION ORDER. An order of the commission becomes final 14 days after the date the order is mailed unless before that date: (1) the commission by order reopens the appeal; or (2) a party to the appeal files a written motion for rehearing. Added by Act…

Sec. 51.037. JUDICIAL REVIEW. (a) A person who has exhausted the person's administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal the order. (b) The suit must be filed not later than the 30th day after the date the final order is …

Sec. 51.038. PAYMENT TO COMMISSION; ESCROW PENDING REVIEW. (a) Not later than the 30th day after the date a commission order becomes final, the person required to pay a penalty shall: (1) pay the amount to the commission; or (2) if the person files a petition for judicial review …

Sec. 51.0385. DEPOSIT OF PENALTY. A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.

Sec. 51.039. INJUNCTION: ATTORNEY GENERAL'S ACTION. The attorney general may seek injunctive relief in district court against an employer who repeatedly violates the requirements established by this chapter relating to the employment of children. Added by Acts 2023, 88th Leg., R.…

Sec. 51.041. DEFINITION. In this subchapter, "asset" means: (1) a credit, bank, or savings account or deposit; or (2) any other intangible or personal property. Added by Acts 1995, 74th Leg., ch. 905, Sec. 4, eff. Sept. 1, 1995.

Sec. 51.042. NOTICE OF DELINQUENCY. (a) If, under a final order, a person is determined to be delinquent in the payment of any amount, including penalties, interest, or other amounts due under this chapter, the commission may notify personally or by mail any other person who: (1)…

Sec. 51.043. DUTIES OF NOTICE RECIPIENT. (a) On receipt of a notice under Section 51.042, the person receiving the notice: (1) shall advise the commission not later than the 20th day after the date on which the notice is received of each asset belonging to the delinquent person t…

Sec. 51.044. LEVY. (a) At any time during the 60-day period provided by Section 51.043(a)(2), the commission may levy on the asset or debt by delivery of a notice of levy. (b) On receipt of the levy notice, the person possessing the asset or debt shall transfer the asset to the c…

Sec. 51.045. NOTICE EFFECT. A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, and debts involving the delinquent person that are not, as of the date of the notice, subject to a preexisting lien, a…

Sec. 51.046. DISCHARGE OF LIABILITY. A person acting in accordance with the terms of a notice issued by the commission under this subchapter is discharged from any obligation or liability to the delinquent person with respect to the affected property, rights to property, credits,…

Sec. 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 hour…

Sec. 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…

Sec. 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…

Sec. 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 …

Sec. 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 empl…

Sec. 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, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER D. RESTRICTIONS ON BLACKLISTING

Sec. 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 em…

Sec. 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…

Sec. 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) I…

Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a fi…

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not: (1) authorize a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunitio…

Sec. 52.063. IMMUNITY FROM CIVIL LIABILITY. (a) Except in cases of gross negligence, a public or private employer, or the employer's principal, officer, director, employee, or agent, is not liable in a civil action for personal injury, death, property damage, or any other damages…

Sec. 52.064. CONSTRUCTION OF PROVISION RELATING TO IMMUNITY FROM CIVIL LIABILITY. Section 52.063 does not limit or alter the personal liability of: (1) an individual who causes harm or injury by using a firearm or ammunition; (2) an individual who aids, assists, or encourages ano…

Sec. 61.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Workforce Commission. (2) "Day" means a calendar day. (3) "Employee" means an individual who is employed by an employer for compensation. The term does not include: (A) a person related to the employer or…

Sec. 61.002. COMMISSION DUTIES. (a) The commission shall: (1) administer this chapter; and (2) adopt rules as necessary to implement this chapter. (b) The commission may require reports, conduct investigations, and take other action as it considers necessary to implement this cha…

Sec. 61.003. GOVERNMENTAL ENTITIES EXCLUDED. This chapter does not apply to the United States, this state, or a political subdivision of this state. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 61.0031. FRANCHISORS EXCLUDED. (a) In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1. (b) For purposes of this chapter, a franchisor is not considered to be an employer of: (1) a franchisee; or (2) a franchisee's employees. …

Sec. 61.004. PAYMENT OF CERTAIN FEES FOR SERVICE OF PROCESS. Notwithstanding Chapter 152 or 154, Local Government Code, or any other law of this state, the fees assessed by a sheriff or constable for service of a subpoena under Section 61.002 shall be paid by the commission out o…

Sec. 61.005. EFFECT OF REFUSAL TO OBEY COMMISSION SUBPOENA; CRIMINAL PENALTY. (a) In the case of contumacy or other refusal by a person to obey a subpoena issued by the commission or an authorized representative of the commission to that person, any county or district court of th…

Sec. 61.006. NOTICE LANGUAGES. The commission shall: (1) make available any notice the commission is required to provide to an employee under this chapter in the two languages that are most commonly spoken in this state; and (2) ensure that employees are notified of an employee's…

Sec. 61.011. PAYDAYS. (a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month. (b) An employer shall pay wages to an employee other than an employ…

Sec. 61.012. DESIGNATION OF PAYDAYS; NOTICE. (a) An employer shall designate paydays in accordance with Section 61.011. (b) If an employer fails to designate paydays, the employer's paydays are the first and 15th day of each month. (c) An employer shall post, in conspicuous place…

Sec. 61.013. PAYMENT OTHER THAN ON PAYDAY. An employer shall pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another regular business day on the employee's request. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1…

Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged. (b) An employer shall pay in full an employee who leaves employment other …

Sec. 61.015. PAYMENT OF COMMISSIONS AND BONUSES. (a) Wages paid on commission and bonuses are due according to the terms of: (1) an agreement between the employee and employer; or (2) an applicable collective bargaining agreement. (b) An employer shall pay wages paid on commissio…

Sec. 61.016. FORM OF PAYMENT. (a) An employer shall pay wages to an employee: (1) in United States currency; (2) by a written instrument issued by the employer that is negotiable on demand at full face value for United States currency; or (3) by the electronic transfer of funds t…

Sec. 61.017. DELIVERY OF PAYMENT. (a) An employer shall pay wages through a means authorized by this section. (b) An employer may pay wages by: (1) delivering them to the employee at the employee's regular place of employment during regular employment hours; (2) delivering them t…

Sec. 61.018. DEDUCTION FROM WAGES. An employer may not withhold or divert any part of an employee's wages unless the employer: (1) is ordered to do so by a court of competent jurisdiction; (2) is authorized to do so by state or federal law; or (3) has written authorization from t…

Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a) An employer commits an offense if: (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and (2) the employer fails after demand to pay those wages. (b) An employer comm…