Tex. Labor Code Section 61.053
Bad Faith; Administrative Penalty

(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, may assess an administrative penalty against the employer.

(b)

If the commission examiner, a wage claim appeal tribunal, or the commission determines an employee acted in bad faith in bringing a wage claim, the examiner, tribunal, or commission may assess an administrative penalty against the employee.

(c)

An administrative penalty assessed under this section may not exceed the lesser of:

(1)

the amount of the wages in question or claimed; or

(2)

$1,000.

(d)

In determining the amount of an administrative penalty assessed under this section, the commission examiner, a wage claim appeal tribunal, or the commission shall consider:

(1)

the seriousness of the violation;

(2)

the history of previous violations;

(3)

the amount necessary to deter a future violation; and

(4)

any other appropriate matter, including mitigating circumstances.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 4, eff. September 1, 2005.

Source: Section 61.053 — Bad Faith; Administrative Penalty, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­61.­htm#61.­053 (accessed May 18, 2024).

61.001
Definitions 61.002
Commission Duties 61.003
Governmental Entities Excluded 61.004
Payment of Certain Fees for Service of Process 61.005
Effect of Refusal to Obey Commission Subpoena 61.006
Notice Languages 61.011
Paydays 61.012
Designation of Paydays 61.013
Payment Other than on Payday 61.014
Payment After Termination of Employment 61.015
Payment of Commissions and Bonuses 61.016
Form of Payment 61.017
Delivery of Payment 61.018
Deduction from Wages 61.019
Failure to Pay Wages 61.020
Failure to Pay Wages 61.0031
Franchisors Excluded 61.031
Bond 61.032
Suit to Enforce Bond Requirement 61.033
Failure of Surety Company to Pay Verified Claim for Wages 61.051
Filing Wage Claim 61.052
Preliminary Wage Determination Order 61.053
Bad Faith 61.054
Request for Hearing on Preliminary Order 61.055
Preliminary Order Final if Hearing Not Requested 61.056
Payment Required if Hearing Not Requested 61.057
Notice 61.058
Hearing Procedures 61.059
Consideration of Preliminary Wage Determination Order 61.060
Order After Hearing 61.061
Notice and Finality of Order 61.062
Judicial Review 61.063
Payment to Commission 61.064
Payment to Employee 61.065
Deposit of Penalty 61.066
Commission Action 61.067
Reciprocal Collection Arrangements 61.081
Creation and Attachment of Lien 61.082
Enforcement of Lien 61.083
Filing 61.084
Release of Lien 61.085
Assignment of Lien 61.091
Notice of Delinquency 61.092
Duties of Notice Recipient 61.093
Levy 61.094
Notice Effect 61.095
Discharge of Liability 61.0525
Establishment of Wage Claim Appeal Tribunals 61.0611
Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal 61.0612
Commission Review of Wage Claim Appeal Tribunal Order 61.0613
Notice of Commission Action 61.0614
Finality of Commission Order 61.0825
Priority of Lien
Green check means up to date. Up to date

Accessed:
May 18, 2024

§ 61.053’s source at texas​.gov