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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 821TEXAS PAYDAY RULES
SUBCHAPTER CWAGE CLAIMS
RULE §821.44Bad Faith

(a) An employer acts in bad faith in not paying wages as required by the Act when that employer acts:

  (1) with the knowledge that the failure to pay wages is in violation of the Act or this chapter; or

  (2) in reckless disregard for the requirements of the Act or this chapter.

(b) An employee brings a wage claim in bad faith when the employee does so:

  (1) with the knowledge that the claim is groundless; or

  (2) solely to harass the employer against whom the claim is brought.

(c) An employee brings a wage claim by filing the claim with the Texas Workforce Commission.


Source Note: The provisions of this §821.44 adopted to be effective June 1, 1998, 23 TexReg 5732.

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