Temporary Common Worker Employers Penalties and Sanctions

 

Temporary Common Worker Employers (TCW)

Texas Labor Code, Chapter 92

16 Texas Administration Code, Chapter 64

Class A:

1st Violation, Reprimand to $1,000

2nd Violation, $500 to $2,000

3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension.

  • Failed to maintain for two years and make available to Department records that show required information about each common worker provided to a user - 92.022(a), (b)
  • Disclosed information under §92.022 without a court order, or to a person who is not a commissioner nor of the Department - 92.022(c)
  • Failed to post license in a conspicuous place at each place of business or labor hall - 92.023(a), 64.70(a)
  • Failed to post notice in a conspicuous place on premises any charge that may be legally assessed against a common worker - 92.023(b)
  • Failed to notify Department in writing of change of address or ownership within 30 days - 64.70(b)
  • Failed to provide employees and consumers with Department information for directing complaints to the Department - 64.70(c)
  • Failed to allow Department representatives access to business-related information during regular business hours - 64.70(d)
  • Failed to respond within two working days from receipt of written complaint from consumer - 64.70(e)
  • Failed to display employer name and license number on vehicle - 64.70(g)(1)
  • Failed to have registered agent on labor hall premises at all times that common workers are on the premises during business hours - 64.72(a)

Class B:

1st Violation, $500 to $3,000 and/or up to 6-month probated suspension

2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension

3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension to revocation

  • Operated without a license for every location where employer operates - 92.011
  • Failed to provide adequate facilities for common workers waiting for job assignments - 92.024
  • Charged a common worker for safety equipment, clothing, or accessories required by the nature of the work - 92.025(a)(1)
  • Charged a common worker for uniforms, special clothing, or other items required as a condition of employment by the user of common workers - 92.025(a)(2)
  • Charged a common worker for the cashing of a check or voucher - 92.025(a)(3)
  • Charged a common worker for the receipt by the worker of earned wages - 92.025(a)(4)
  • Deducted or withheld money from earned wages for reasons other than federal or state deductions or reimbursement for a cash advance - 92.025(b)
  • Failed to promptly pay or distribute all money or things of value entrusted to license holder by a third person - 64.70(e)
  • Failed to comply with terms and provisions of a contract with common worker and third-party users - 64.70(e)
  • Failed to maintain insurance - 64.70(f)
  • Failed to furnish client/worker a pay stub, or an itemization in writing, that shows each and every deduction from wages - 64.70(h)
  • Failed to have lobby or waiting area of at least 450 square feet and/or lobby failed to have adequate heat and ventilation - 64.72(b)
  • Sold alcoholic beverages on premises of labor hall - 64.72(d)
  • Allowed prostitution, gambling, intoxication, illegal drug dealing, and/or illegal drug use on premises of labor hall - 64.72(e)
  • Failed to comply with all applicable federal, state, and local laws and codes - 64.72(i)

Class C:

1st Violation, $1000 to $5,000 and/or 1-year probated suspension to 1-year full suspension

2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation

3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

  • Failed to equip vehicle with required types of fire extinguishers - 64.70(g)(2)
  • Failed to comply with all vehicle inspection and safety regulations for the transportation of passengers - 64.70(g)(3)
  • Failed to pick up or drop off workers in a safe location - 64.72(c)
  • Knowingly furnished a worker for immoral or illegal purposes, or sent worker to an immoral or illegal place - 64.72(f)
  • Knowingly sent a worker to place where a strike or lockout exists without informing worker in writing of the situation - 64.72(g)
  • Knowingly furnished employment to a child in violation of applicable laws - 64.72(h)

Class D:

1st Violation, Revocation

2nd Violation, Revocation

3rd Violation, Revocation

  • Failed to comply with previous order of Commission / Executive Director - 51.353(a), 71.90
  • Obtaining a license by fraud or false representation - 60.23(a)(1)
  • Failed to pay the Department for a dishonored check - 60.82