Title LA, Labor Code

Sec. 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, 73…

Sec. 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 empl…

Sec. 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 f…

Sec. 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 emp…

Sec. 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 do not apply to an agricultural employer with respect to an employee engaged in the production of livestock. (c) I…

Sec. 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 chapt…

Sec. 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, Sec. 1, eff. Se…

Sec. 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, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 c…

Sec. 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 pr…

Sec. 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, Sec. 1, eff. Sept. 1, 1993.

Sec. 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…

Sec. 63.002. EXEMPTION. This chapter does not affect Section 22.002, Education Code. Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.17(a), eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 12.01, eff. Sept. 1, 1999.

Sec. 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;…

Sec. 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 i…

Sec. 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 perso…

Sec. 81.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Workforce Commission. (2) "Work and family policies" means family-related employment policies, including: (A) hiring and scheduling practices; (B) employee benefits; (C) dependent care assistance; and (D)…

Sec. 81.003. WORK AND FAMILY POLICIES RESOURCES. The commission shall maintain on its Internet website information and resources for employers who are considering, selecting, or implementing work and family policies, together with an explanation that: (1) the commission does not …

Sec. 81.0045. DEPENDENT CARE GRANT PROGRAM. (a) The commission may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects. (b) The commission shall adopt rules governing the submission and approval of grant request…

Sec. 81.0046. PROMOTION OF WORK AND FAMILY POLICIES. In providing information and resources under this chapter, the commission may encourage employers to implement work and family policies by: (1) providing examples of work and family policies or providing economic data that demo…

Sec. 81.005. SHARING MATERIALS ON WORK AND FAMILY POLICIES. The commission may share materials on work and family policies that are published by state agencies with employers, job applicants, and other interested persons. Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept.…

Sec. 81.007. RULES. The commission may adopt rules to implement this chapter. Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2005, 79th Leg., Ch. 263 (H.B. 2962), Sec. 3, eff. May 30, 2005. Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec…

Sec. 81.008. GIFTS, GRANTS, AND DONATIONS. (a) The commission may accept a gift or grant from a public or private entity to fund any activity under this chapter. (b) The commission may accept a donation of money, services, or property only if the commission determines that the do…

Sec. 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, Sec. 9.19(a), eff. Sept. 1, 1995.

Sec. 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 …

Sec. 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 th…

Sec. 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…

Sec. 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 …

Sec. 91.001. DEFINITIONS. In this chapter: (1) "Applicant" means a person applying for a license or the renewal of a license under this chapter. (2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 117, Sec. 28(1), eff. September 1, 2013. (2-a) "Assurance organization" means an indepe…

Sec. 91.0011. COEMPLOYMENT RELATIONSHIP. (a) A coemployment relationship is intended to be an ongoing relationship rather than a temporary or specific one, in which the rights, duties, and obligations of an employer that arise out of an employment relationship are allocated betwe…

Sec. 91.0012. COVERED EMPLOYEE. (a) A covered employee must meet all the following criteria: (1) the individual must receive written notice of the coemployment relationship with the professional employer organization; and (2) the individual's coemployment relationship must be und…

Sec. 91.0013. 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 in a coemployment relationship with: (1) a franchisee; or (2) a fra…

Sec. 91.002. RULES. (a) The commission shall adopt rules as necessary to administer this chapter. (b) Each person who offers professional employer services is subject to this chapter and the rules adopted by the commission. (c) Notwithstanding any other provision of this chapter,…

Sec. 91.003. INTERAGENCY COOPERATION. (a) Each state agency that in performing duties under other law affects the regulation of professional employer services shall cooperate with the department and other state agencies as necessary to implement and enforce this chapter. (b) In p…

Sec. 91.004. EFFECT OF OTHER LAW ON CLIENTS AND EMPLOYEES. (a) This chapter does not exempt a client of a license holder, or any covered employee, from any other license requirements imposed under local, state, or federal law. (b) A covered employee who is licensed, registered, o…

Sec. 91.005. APPLICATION OF CERTAIN PROCUREMENT LAWS. With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client's status or certification as a small, minority-owned, disadvantaged, or woman-owned bu…

Sec. 91.006. WORKERS' COMPENSATION COVERAGE. (a) A certificate of insurance coverage or other evidence of coverage showing that either a license holder or a client maintains workers' compensation insurance coverage constitutes proof of workers' compensation insurance coverage for…

Sec. 91.007. APPLICATION OF LABOR RELATIONS LAWS. This chapter does not relieve a client of a right, obligation, or duty under: (1) Chapter 101; (2) the federal National Labor Relations Act (29 U.S.C. Section 151 et seq.); (3) the federal Railway Labor Act (45 U.S.C. Section 151 …

Sec. 91.008. APPLICABILITY OF CONTINUING EDUCATION LAW. Section 51.405, Occupations Code, does not apply to this chapter. Added by Acts 2003, 78th Leg., ch. 816, Sec. 14.003, eff. Sept. 1, 2003. SUBCHAPTER B. LICENSE REQUIREMENTS

Sec. 91.011. LICENSE REQUIRED. A person may not engage in or offer professional employer services in this state unless the person holds a license issued under this chapter. Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995. Amended by: Acts 2013, 83rd Leg., …

Sec. 91.012. GENERAL LICENSE REQUIREMENTS. To be qualified to serve as a controlling person of a license holder under this chapter, that person must be at least 18 years of age and have educational, managerial, or business experience relevant to: (1) operation of a business entit…

Sec. 91.013. BACKGROUND INVESTIGATIONS. (a) On receipt of an original application for a license, the department shall conduct a thorough background investigation of each individual applicant and of each controlling person of each applicant to determine whether that applicant or c…

Sec. 91.014. WORKING CAPITAL REQUIREMENTS. (a) An applicant for an original or renewal license must demonstrate positive working capital in the following amounts: (1) $50,000 if the applicant employs fewer than 250 covered employees; (2) $75,000 if the applicant employs at least …

Sec. 91.015. LICENSE APPLICATION. (a) To receive a professional employer organization original license, a person shall file with the department a written application accompanied by the application fee. (b) The department shall require an applicant for a license to provide informa…

Sec. 91.016. LICENSE ISSUANCE; TERM; EFFECT OF EXPIRATION. (a) The department shall issue a license to an applicant who the department determines has met the requirements of this chapter. The department shall notify an applicant of any deficiency in the application not later than…

Sec. 91.017. FEES. (a) Each applicant for an original or renewal professional employer organization license shall pay to the department before the issuance of the license or license renewal a fee set by the commission by rule. (b) The commission is authorized to charge reasonable…