Law:Title 2. Protection Of Laborers. Subtitle B. Restrictions On Labor from Chapter 52. Miscellaneous Restrictions (Texas)

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Subtitle B. Restrictions On Labor

Contents

Chapter 52. Miscellaneous Restrictions

Subchapter A. Restrictions On Certain Consecutive Periods Of Employment

Section  52.001.  Retail Employer.

(a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.

(b)  The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked.

(c)  The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.

(d)  This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.

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



Section  52.002.  Employer Formerly Subject To Saturday/sunday Closing Law.

An employer whose establishment was closed on Saturday or Sunday to comply with Chapter 15, Acts of the 57th Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas Civil Statutes), before that Act was repealed effective September 1, 1985, may not require an employee who has been continuously employed by that employer since August 31, 1985, to work on whichever of those days the establishment was closed.

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



Section  52.003.  Offense; Penalty; Defense.

(a) A person commits an offense if the person violates this subchapter.

(b)  An offense under this section is a Class C misdemeanor.

(c)  It is an affirmative defense to prosecution under this section that the employee volunteered for work on the seventh consecutive day and that the employee signed a written statement stating that the employee volunteered. The statement must also contain a provision, signed by the employer or the employer's agent, that the employer did not require the work.

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



Subchapter B. Restriction On Work By Foreign Crew

Section  52.011.  Prohibition Of Certain Work By Foreign Crew; Penalty.

(a) A person commits an offense if the person:

(1)  is an officer or member of a crew of a foreign seagoing vessel; and

(2)  works on a wharf or levee of a port beyond the end of the vessel's tackle.

(b)  An offense under this section is punishable by:

(1)  a fine of not less than $10 and not more than $100;

(2)  confinement in jail for a term of not less than 10 days and not more than 30 days; or

(3)  both the fine and confinement.

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



Subchapter C. Restrictions On Length Of Hoes

Section  52.021.  Minimum Length Of Hoe Handles.

(a) An employer of agricultural laborers may not require an employee to use a hoe that has a handle shorter than four feet while performing agricultural labor in a commercial farming operation.

(b)  This section does not apply to an employer engaged in the operation of a greenhouse or nursery.

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



Section  52.022.  Offense; Penalty. (a)

A person commits an offense if the person violates Section 52.021.

(b)  An offense under this section is a Class C misdemeanor.

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



Subchapter D. Restrictions On Blacklisting

Section  52.031.  Blacklisting Offense; Penalty.

(a) In this section, "blacklist" means to place on a book or list or publish the name of an employee of an individual, firm, company, or corporation who was discharged or who voluntarily left that employment, intending to prevent the employee from engaging in or securing employment of any kind with any other person, in either a public or a private capacity.

(b)  A person commits an offense if the person:

(1)  blacklists or causes to be blacklisted an employee; or

(2)  conspires or contrives by correspondence or any other manner to prevent an employee discharged by a corporation, company, or individual from procuring employment.

(c)  An offense under this section is punishable by:

(1)  a fine of not less than $50 or more than $250;

(2)  imprisonment in jail for not less than 30 days or more than 90 days; or

(3)  both the fine and imprisonment.

(d)  This section may not be held to prohibit a corporation, company, or individual from giving, on application from a discharged employee or a person desiring to employ the employee, a written truthful statement of the reason for the discharge. The written statement may not be used as the cause for a civil or criminal action for libel against the person who furnishes the statement.

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



Subchapter E. Restrictions On Coercion Of Employee Trade

Section  52.041.  Coercion Of Employee Trade; Penalty.

(a) A person, firm, or corporation commits an offense if the person, firm, or corporation requires or attempts to require by coercion an employee to:

(1)  deal with a person, association, corporation, or company; or

(2)  purchase an article of food, clothing, or other merchandise at a place or store.

(b)  A person, firm, or corporation commits an offense if the person, firm, or corporation excludes from work, punishes, or blacklists an employee for failure to:

(1)  deal with the person, firm, or corporation; or

(2)  purchase an article of food, clothing, or other merchandise at a place or store.

(c)  An offense under this section is punishable by a fine of not less than $50 or more than $200.

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



Subchapter F. Restrictions On Penalizing Employee For Compliance With Subpoena

Section  52.051.  Penalizing Employee For Compliance With Subpoena.

(a) An employer may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding.

(b)  If the subpoena to which a violation of Subsection (a) applies is issued by a court, the employer violating Subsection (a) may be found in contempt by the court issuing the subpoena.

(c)  If the subpoena to which a violation of Subsection (a) applies is issued by a legislative committee or a state agency, the employer violating Subsection (a) is subject to the authority of the committee or agency to impose a monetary penalty, not to exceed $500, on a person who violates an order of the committee or agency.

(d)  An employee discharged in violation of this section is entitled to return to the same employment that the employee had at the time the employee was subpoenaed if the employee, as soon as practical after release from compliance with the subpoena, gives the employer actual notice that the employee intends to return.

(e)  An employee injured because of the violation of this section by an employer may recover:

(1)  damages in an amount that does not exceed six months' compensation at the rate at which the employee was compensated when the subpoena was issued; and

(2)  reasonable attorney's fees.

(f)  It is a defense to an action by an employee under this section for reemployment that reemployment is impossible or unreasonable because of a change in the employer's circumstances while the employee complied with the subpoena.

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


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