Tex. Labor Code Section 61.001
Definitions


In this chapter:

(1)

“Commission” means the Texas Workforce Commission.

(2)

“Day” means a calendar day.

(3)

“Employee” means an individual who is employed by an employer for compensation. The term does not include:

(A)

a person related to the employer or the employer’s spouse within the first or second degree by consanguinity or affinity, as determined under Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code; or

(B)

an independent contractor.

(4)

“Employer” means a person who:

(A)

employs one or more employees; or

(B)

acts directly or indirectly in the interests of an employer in relation to an employee.

(5)

“Employment” means any service, including service in interstate commerce, that is performed for wages or under a contract of hire, whether written or oral or express or implied. The term does not include any service performed by an individual for wages if it is shown that the individual is free from control or direction in the performance of the service, both under any contract of service and in fact.

(6)

“Mail” means to deposit for mailing with the United States Postal Service.

(6-a)

“Payroll card account” means an account that is directly or indirectly established by an employer into which each participating employee’s wages, salary, or other form of compensation is deposited on a recurring basis and for which the employee receives a payroll card to access the funds in the account.

(7)

“Wages” means compensation owed by an employer for:

(A)

labor or services rendered by an employee, whether computed on a time, task, piece, commission, or other basis; and

(B)

vacation pay, holiday pay, sick leave pay, parental leave pay, or severance pay owed to an employee under a written agreement with the employer or under a written policy of the employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), 9.12(a), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 1, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 284 (H.B. 2240), Sec. 1, eff. September 1, 2019.

Source: Section 61.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­61.­htm#61.­001 (accessed Apr. 20, 2024).

61.001
Definitions
61.002
Commission Duties
61.003
Governmental Entities Excluded
61.004
Payment of Certain Fees for Service of Process
61.005
Effect of Refusal to Obey Commission Subpoena
61.006
Notice Languages
61.011
Paydays
61.012
Designation of Paydays
61.013
Payment Other than on Payday
61.014
Payment After Termination of Employment
61.015
Payment of Commissions and Bonuses
61.016
Form of Payment
61.017
Delivery of Payment
61.018
Deduction from Wages
61.019
Failure to Pay Wages
61.020
Failure to Pay Wages
61.0031
Franchisors Excluded
61.031
Bond
61.032
Suit to Enforce Bond Requirement
61.033
Failure of Surety Company to Pay Verified Claim for Wages
61.051
Filing Wage Claim
61.052
Preliminary Wage Determination Order
61.053
Bad Faith
61.054
Request for Hearing on Preliminary Order
61.055
Preliminary Order Final if Hearing Not Requested
61.056
Payment Required if Hearing Not Requested
61.057
Notice
61.058
Hearing Procedures
61.059
Consideration of Preliminary Wage Determination Order
61.060
Order After Hearing
61.061
Notice and Finality of Order
61.062
Judicial Review
61.063
Payment to Commission
61.064
Payment to Employee
61.065
Deposit of Penalty
61.066
Commission Action
61.067
Reciprocal Collection Arrangements
61.081
Creation and Attachment of Lien
61.082
Enforcement of Lien
61.083
Filing
61.084
Release of Lien
61.085
Assignment of Lien
61.091
Notice of Delinquency
61.092
Duties of Notice Recipient
61.093
Levy
61.094
Notice Effect
61.095
Discharge of Liability
61.0525
Establishment of Wage Claim Appeal Tribunals
61.0611
Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal
61.0612
Commission Review of Wage Claim Appeal Tribunal Order
61.0613
Notice of Commission Action
61.0614
Finality of Commission Order
61.0825
Priority of Lien

Accessed:
Apr. 20, 2024

§ 61.001’s source at texas​.gov