§ 15-63. Wage theft database; creation; procedures.
(a)
The finance director shall create and maintain on the city's website a publicly accessible database of all employers located or operating within the area described in the definition of 'local firm' in section 15-82 of this Code that have been:
(1)
Convicted of a criminal offense under Section 61.019, Texas Labor Code or Section 31.04(a)(4), Texas Penal Code, for engaging in wage theft;
(2)
Assessed an administrative penalty under Section 61.053, Texas Labor Code and such order has not been satisfied before becoming final and non-appealable; or
(3)
Adjudicated by a court of competent jurisdiction as having engaged in wage theft and such judgment has not been satisfied before becoming final and non-appealable.
(b)
For purposes of this section, any conviction of an employer for wage theft occurring within the five year period preceding the effective date of this article or at any time thereafter shall be cause for inclusion in the database. No assessment of an administrative penalty relating to wage theft or adjudication of wage theft by a civil court prior to the effective date of this article shall be a basis for including an employer in the database.
(c)
No employer shall be included in the database unless:
(1)
The finance director has received confirmation from the Inspector General that an employer has met at least one of the criteria set forth in subsection (a) of this section; or
(2)
The employer named in such complaint has received 30 days' written notice of the city's intent to place its name in the database and has failed to demonstrate that the criteria for placement on the database have not been met.
(d)
An employer shall be removed from the database if more than five years has elapsed since the date of the employer's most recent conviction, adjudication, or assessment of administrative penalty relating to wage theft, as set forth in subsection (a) of this section.
(Ord. No. 2013-1081, § 4, 11-20-2013; Memorandum of 1-23-2014)