Sec. 61.052. PRELIMINARY WAGE DETERMINATION ORDER. (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 chapter, shall investigate the claim and issue a preliminary wage determination order:
(1) dismissing the wage claim; or
(2) ordering payment of wages determined to be due and unpaid.
(b) If a commission examiner imposes an administrative penalty under Section 61.053, the preliminary wage determination order must include an order for payment of the penalty.
(b-1) If a wage claim is filed later than the date described by Section 61.051(c), the examiner shall dismiss the wage claim for lack of jurisdiction.
(c) The commission examiner shall mail notice of the preliminary wage determination order to each party at that party's last known address, as reflected by commission records.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 21 (S.B. 741), Sec. 2, eff. September 1, 2009.
Structure Texas Statutes
Title 2 - Protection of Laborers
Section 61.051. Filing Wage Claim
Section 61.052. Preliminary Wage Determination Order
Section 61.0525. Establishment of Wage Claim Appeal Tribunals
Section 61.053. Bad Faith; Administrative Penalty
Section 61.054. Request for Hearing on Preliminary Order
Section 61.055. Preliminary Order Final if Hearing Not Requested
Section 61.056. Payment Required if Hearing Not Requested
Section 61.057. Notice; Time for Hearing
Section 61.058. Hearing Procedures
Section 61.059. Consideration of Preliminary Wage Determination Order
Section 61.060. Order After Hearing
Section 61.061. Notice and Finality of Order
Section 61.0611. Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal
Section 61.0612. Commission Review of Wage Claim Appeal Tribunal Order
Section 61.0613. Notice of Commission Action
Section 61.0614. Finality of Commission Order
Section 61.062. Judicial Review
Section 61.063. Payment to Commission; Escrow Pending Review
Section 61.064. Payment to Employee
Section 61.065. Deposit of Penalty