HBA-LJP, MPM H.B. 95 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 95
By: Maxey
Economic Development
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Current labor law provides a venue for an employee to file a wage claim,
but does not provide any protection for the employee against retaliation
for filing the claim.  This lack of protection has the potential to
discourage employees from filing a wage claim.  House Bill 95 provides an
employee who files a wage claim with legal protection from retaliation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 95 amends the Labor Code to prohibit a person from discharging
or discriminating against an employee because the employee has filed a wage
claim in good faith, hired a lawyer to represent the employee in a claim,
instituted or caused to be instituted in good faith a hearing under the
statutes regarding payment of wages, or testified or is about to testify in
a hearing under the statutes regarding payment of wages.  The bill assesses
liability to a person who violates this prohibition for reasonable damages
incurred by an employee as a result of the violation and entitles the
employee to reinstatement in the employee's former position.  The bill
provides that the employee bears the burden of proof.  The bill further
amends the Labor Code by changing the amount of the administrative penalty
assessed against an employer for acting in bad faith in not paying wages
and the penalty assessed  against an employee for acting in bad faith in
bringing a wage claim.  The administrative penalty is changed from an
amount not to exceed the lesser of $1,000 or to the amount of the wages in
question to an amount not to exceed $5,000. 

EFFECTIVE DATE

September 1, 2001.