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Texas Labor Code - Chapter 61 Payment Of WagesLegal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Chapter 61 Payment Of Wages 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 ... (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 ... This chapter does not apply to the United States, this state, or a political subdivision of this state. Acts 1993, 73rd Leg., ch. 269, § ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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 attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. Acts ... (a) The commission may require an employer to deposit a bond if: (1) the employer is convicted of two violations of this chapter; or (2) ... (a) If an employer fails to deposit a bond required under Section 61.031 before the 11th day after the date on which demand is made ... (a) A surety company that issues a bond to secure the payment of wages under this chapter and that wilfully fails to pay a verified ... (a) An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this ... (a) An examiner employed by the commission shall analyze each wage claim filed under Section 61.051 and, if the claim alleges facts actionable under this ... (a) The commission shall establish one or more impartial wage claim appeal tribunals to hear and decide disputed wage claims if the commission determines that ... (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 ... (a) Either party may request a hearing before a wage claim appeal tribunal to appeal a preliminary wage determination order made under Section 61. 052. ... If neither party requests a hearing to appeal a preliminary wage determination order within the period prescribed by Section 61.054, the order becomes the final ... (a) An employer that does not request a hearing within the period prescribed by Section 61.054 to appeal a preliminary wage determination order shall pay ... (a) A notice regarding an administrative hearing conducted under this subchapter must be mailed by the wage claim appeal tribunal not later than the 21st ... (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 ... The wage claim appeal tribunal may modify, affirm, or rescind a preliminary wage determination order. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. ... After a hearing, the wage claim appeal tribunal shall enter a written order for the payment of wages that the tribunal determines to be due ... (a) The wage claim appeal tribunal shall mail to each party to the appeal notice of: (1) the decision; (2) the amount of wages subject ... (a) The commission by order may remove to itself or transfer to another wage claim appeal tribunal the proceedings on a wage claim pending before ... The commission may: (1) on its own motion: (A) affirm, modify, or set aside an order issued under Section 61.061 on the basis of the ... (a) The commission shall mail to each party to the appeal under Section 61.0612 notice of: (1) the commission's decision; (2) the amount of wages ... 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 ... (a) A party who has exhausted the party's administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal ... (a) Not later than the 30th day after the date a commission order becomes final, the party required to pay wages or a penalty shall: ... Not later than the 30th day after the date on which a claim is finally adjudicated or otherwise resolved, the commission shall pay to the ... The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. Acts 1993, ... (a) The commission, in the name of the state and the attorney general, may: (1) bring a suit in a district court in Travis County ... The commission may enter into reciprocal arrangements with appropriate authorized agencies of the United States or other states for the collection of wage claims that ... (a) A final order of the commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is ... (a) Subchapters A and B, Chapter 113, Tax Code, govern the enforcement of a lien established under this subchapter. (b) In administering and enforcing the ... A lien established under this subchapter is superior to any other lien on the same property, with the exception of a lien for ad valorem ... (a) A lien under this subchapter may be recorded in the book entitled "State Tax Liens" kept by the county clerk as provided by Section ... (a) A lien under this subchapter may be released in the manner provided by Subchapter A, Chapter 113, Tax Code, for a state tax lien. ... A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request. Added by Acts 1995, 74th Leg., ch. ... (a) If, under a final order, a person is determined to be delinquent in the payment of wages, penalties, interest, or other amounts due under ... (a) On receipt of a notice under this subchapter, the person receiving the notice: (1) shall advise the commission not later than the 20th day ... (a) At any time during the 60-day period provided by Section 61.092(a)(2), the commission may levy on the asset or debt by delivery of a ... A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, or debts involving the ... A person acting in accordance with the terms of the notice issued by the commission under this subchapter is discharged from any obligation or liability ... Texas Lawyers
Last modified: August 10, 2007 |