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Human Capital

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Submitted By poopypants123
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This week I have developed an employment law compliance plan to assist you and your firm Landslide Limousines in satisfying the laws set forth by the United States as well as your home state of Texas. Along with bringing said laws to your attention, I will also include the consequences of failing to comply with them. The following are the most important employment laws that I feel are relevant to you and your company.
Texas Payday Law: Payday Law deals with every size of company and states information about “payment delivery, pay periods, compensable time, deductions from wages, how to claim unpaid wages, how to withdraw a wage claim, wage claim determination, appeals and collections”. (Chapter 61 Labor Code) I think the most relevant articles in regards to you and your firm from these sets fall under SUBCHAPTER B. PAYMENT OF WAGES. According to "Texas Labor Code: Chapter 61" (2014),

“Sec. 61.011. PAYDAYS. (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 (29 U.S.C. Section 201 et seq.) at least once a month.
(b) An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month.
(c) If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.”

Consequence of failing to pay your workers their wages in a timely manner will fall under Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. “(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 employee; and (2) the employer fails after demand to pay those wages. (b) An employer commits an offense if the employer: (1) intends to avoid payment of wages owed to an employee; (2) intends to continue to employ the employee; and (3) fails after demand to pay those wages. (c) An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay. (d) An offense under this section is a felony of the third degree.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1158, Sec. 1, eff. Sept. 1, 1997.” (Payday Law)

Texas Labor Code: Chapter 61. (2014). Retrieved from http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.61.htm

I would suggest to you to set up payments to your employees every other Friday so that they are all on the same payment schedule to make things easier to manage, follow up with payroll prior to paydays.

Texas Minimum Wage Act: This act helps with establishing minimum wage for non-exempt employees, it requires covered employers to provide each employee with a written earnings statement containing certain information about the employee's pay, designates TWC as the agency responsible for disseminating information about state minimum wage requirements, it also contains provisions concerning agricultural piece rate workers, exempts a variety of employers from its coverage and it also provides civil remedies for violations. You will be dealing with employees that will make earnings via tipped wages. Below is a relevant article on the subject matter, according to "Texas Labor Code: Chapter 62" (2014),
“Sec. 62.052. TIPPED EMPLOYEES. (a) In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)). (b) In this section, "tipped employee" means an employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 386, Sec. 2, eff. Sept. 1, 2001.”
The "Texas Labor Code: Chapter 62" (2014) website states the following penalties if your firm fails to pay out wages to your workers: “Sec. 62.201. CIVIL PENALTY. An employer who violates Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable to an affected employee in the amount of the unpaid wages plus an additional equal amount as liquidated damages. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 461, Sec. 5, eff. Sept. 1, 2003.”
Texas Labor Code: Chapter 62. (2014). Retrieved from http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.62.htm
A plan of action in order to keep current with tipped wages to your limo drivers would be to let them keep their wages at the end of every shift and have them do a complete monetary count and fill out an excel sheet every day in order to keep track of their earnings. Have them turn in the sheets and every pay period send the records on to your accountant or keep then yourself in a well organized form.

Texas Child Labor Law: Under Texas law, anyone under age 18 is considered a “child”. Why does this law apply to you? Because also according to Texas law, there are two phases of driver’s licensing for minors under age 18, a learners permit as well as a provisional license. Since your company will highly involve drivers, you want to be fully covered from any liability. You will want to only hire drivers aged 18 with a full license. The "Texas Child Labor Law: Chapter 51" (2014) website states that these are who are considered minors as well as if you can hire them under any exemptions. You can’t according to this literature, if you decide not to abide by these laws, you will be in offense under Section 51.014(d) or Section 51.0145, a Class A misdemeanor.
“Sec. 51.002. DEFINITIONS:
(1) “"Child" means an individual under 18 years of age. (2) "Commission" means the Texas Workforce Commission. (3) "Delivery of newspapers" means the distribution of newspapers on or the maintenance of a newspaper route. The term does not include direct sales of newspapers to the general public. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 51.003. GENERAL EXEMPTIONS. (a) This chapter does not apply to employment of a child: (1) employed: (A) in a nonhazardous occupation; (B) under the direct supervision of the child's parent or an adult having custody of the child; and (C) in a business or enterprise owned or operated by the parent or custodian; (2) 11 years or older engaged in delivery of newspapers to the consumer; (3) participating in a school-supervised and school-administered work-study program approved by the commission; (4) employed in agriculture during a period when the child is not legally required to be attending school; (5) employed through a rehabilitation program supervised by a county judge; (6) engaged in nonhazardous casual employment that will not endanger the safety, health, or well-being of the child and to which the parent or adult having custody of the child has consented; or (7) 16 years or older engaged in the direct sale of newspapers to the general public.”
Texas Child Labor Law: Chapter 51. (2014). Retrieved from http://www.twc.state.tx.us/ui/lablaw/texas-child-labor-law.html#prohibited17Olds
Texas Equal Opportunity Rules (Employment Discrimination): Employment Discrimination laws are put in place in order to prevent the discrimination of a person based on race, sex, religion, national origin, physical disability, and age by employers. Some laws are also seeking to prevent employment discrimination based on sexual orientation. According to "Texas Labor Code: Chapter 21" (2014), “Discriminatory acts include biasness in hiring, promotions, job assignments, terminations, compensations, retaliation, and various other types of harassment.”
Under Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER; ADMINISTRATIVE PENALTY, it states all of the many penalties you can incur if you violate these laws. Anywhere from small fines all the way up to large fines as well as your firm being shut down and sued. So make sure you play close attention to these and follow them closely.
Texas Labor Code: Chapter 21. (2014). Retrieved from http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.21.htm
Please let me know if you would like any more clarification on any of these laws and I will get back to you promptly. Thank you for your request for information.

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