CHAPTER 52. MISCELLANEOUS RESTRICTIONS

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LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE B. RESTRICTIONS ON LABOR

CHAPTER 52. MISCELLANEOUS RESTRICTIONS

SUBCHAPTER A. RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS OF

EMPLOYMENT

Sec. 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.

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.

Sec. 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Texas Civil Statutes), before that Act was repealed effective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.

Sec. 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.

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

Sec. 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

Sec. 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.

Sec. 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

Sec. 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.

(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

Sec. 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.

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

Sec. 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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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