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Texas Wage and Hour Investigations: What you need to know

The Texas Employment Commission may conduct investigations and issue subpoenas to compel employers to produce wage and hour records (TX Labor Code Sec. 61.002). If an employer fails or refuses to obey a commission subpoena, the employer faces a fine of up to $200, confinement for up to 60 days, or both, and a county or district court may issue an order requiring the employer to cooperate (TX Labor Code Sec. 61.005).
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Employment of children. During working hours, the commission or its designee may inspect a place of employment where there is good reason to believe that a child is employed or has been employed within the last 2 years, and collect information concerning a child's current or previous employment. An employer is in violation of state law if it knowingly or intentionally hinders an inspection or the collection of such information (TX Labor Code Sec. 51.021).
Failure to pay wages. An employer can be charged with a third-degree felony for intending to avoid payment of wages owed to an employee, intending to continue employing the employee, and failing to pay those wages on demand. In addition, an employer violates wage payment provisions if, at the time of hiring an employee, the employer intends to avoid paying wages due and fails to pay those wages. The attorney general may seek injunctive relief against an employer who repeatedly violates wage payment provisions (TX Labor Code Sec. 61.019). The commission may require an employer to deposit a bond if the employer is convicted of two violations, or if a final order against an employer for nonpayment of wages is still unsatisfied after the 10th day from the date on which the time to appeal from that final order has expired and an appeal ...

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