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Tex. Lab. Code § 61.052

PRELIMINARY WAGE DETERMINATION ORDER

Applied in 3 court decisions — leading case Igal v. Brightstar Information Technology Group, Inc. (2008)

Most recently applied in Tex-Fin, Inc. and Texas Workforce Commission v. Gustavo E. Ducharne (April 2016)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.