Texas Commission Labor Law Section Payday Documents to be hanged Claim No, User ID - Chapter: 1. Investigations 2, Special Hearings 3. Commission Review 4. Collecfions 5. Judicial Review Type of Document: Check Stubs/Payroll Record Company Policy Manual Conmct/Agzeement on Pay Commission/Bonus Ageement And-ionization fox Deductions 17 059526 2, JARED CRAWFORD Coflecdon Documents Special Hearing Documents Commission Appeal Judicial Review Documenm Other (as Is) mom Texas Workforce Commission Labor Law Section Wagc ClaimNo: 17 059526 2 Claimant Name: JARED CRAWFORD User I jurisdiction: Signed/Sworn: Employex Account Numb Investigator Name: - WC Postmark/Faxed/Received 10-10-2017 Information Scuch (check offitems reviewed) Amounts Claimed: Regular Overtime Commission Bonus - I Payday System (Name Search) Systun (Employer Notes) Payday System 305 (Filing History) 505 (Partner/Officer Infon-nndon)* USAS Texas Compuoflefi As necded - Vacation Deductions Sick Min, Wage Holiday Othu- Sevctanw Pefiod in Dispute: 9/11 to 9/21/17' Numhcr omens Disputed: 97 Employes Response Infomnu'on (According to LL-Z): Employer Rcsponse Received? Claim Disputed?Y ClaimantI'aidPY CheckReceivchY Rate ofPay: Method ofPaymem: Check Cash Other Bankxuptcy: Case No. PACER I'n'ntouts Attached: LL-SDOIILL-3 (WIS) mounts Texas Workforce Commission Labor Law Section Mssing Facts: DATE INFORMATION USER ID 12/29/17 CONTACT CLAIMANT IF PAID. CLAIMANT SUBMITTED A COPY OF A CHECK FOR- BUT COULD NOT CASH, NDZ Name, SSN, and Address Vcdficadons: Claimanfs Legal Name: Addxass: SSN: Verified By: Employer's Legal Name: Address: FEID oz SSN: Number of Employees: Vexified By: Information Seuch Printout Included: If yes, some: $05 If no, why not: Method of Payment Van'fizd By: Comm Informed of Appeal Rights: Claimant: Employer: DATE INFORMATION USER ID 12/29/17 REVIEW OF WAGE CLAIM UNABLE TO READ PHONE NUMBER (6T9TH DIGIT). EXHIBIT A, 11.8 TO CLAIMANT. CALLED EMPLOYER NOT ACCEPTING CALL, EXHIBIT B, LL6 TO EMPLOYER. NDZ 1/9/18 EMPLOYER CALLED ON 1/8/18, CALL BACK REQUEST LNDICATINQ HIS H1R. STATES CLAIMANTS PAID AND REQUESTED CALL BACK INDICATING HE CAN SUPPLY DOCUMENTATION. RETURNED CALL TO MESSAGE STATES AVAILABLE RIGHT NOW, TRY AGAIN 1/ 10/ 18 CALLED EMPLOYER AGAIN, SAME MESSAGE AS ON 1/8/18. CLAIMANT DID NOT RESPOND TO THE 668 MAILED 12/29/17. Law Violation: "gem/u.) 101115) Illa/1m 10:10 AM Texas Workforce Commission Labor Law Section Ruling/Justification/Deteuninarion Codes: DATE INFORMATION CLAIMED UNPAID WAGES TOTALING FORTHE PERIOD 9/11 1/10/18 TO 9/21/17. INCLUDED IN THE $1 CLAIMED IS 97 HOURS WORKED_ @ HOURLY = $ PLUS ,11 DAYS PER DIEM @ DAILY FOR A TOTAL OF CLAIMANT INDICATES HE WAS PAID FILED LEAVING A WAGE BALANCE OF USER ID PRIOR TO WAGE CLAIM CLAIMANT INCLUDED A COPY OF A CHECK FOR $ FOR PARTIAL PAY ISSUED BY EMPLOYER BUT CLAIMANT INDICATES UNABLE TO CASH THE CHECK. THE EMPLOYER WAS MAILED AN LL6 AND RETURNED CALL. TO LEAVE VOICE MAIL INDICATING HIS H.R. DEPARTMENT TOLD HIM THESE INDIVIDUALS PAID (3 DIFFERENT WAGE CLAIMS OUTSTANDING) AND TO CONTACT HIM FOR PROOF OF PAYMENT. ATTEMPTED TO CONTACT EMPLOYER AGAIN BUT MESSAGE INDICATES EMPLOYER UNAVAILABLE RIGHT NOW, CALL LATER. ATTEMPTED TO CONTACT EMPLOYER ONE MORE TIME, SAME MESSAGE. BASED ON THE INFORMATION PROVIDED BY THE CLAIMANT IT APPEARS THE CLAIMANT IS DUE WAGES TOTALING . HOWEVER, AS PER DIEM IS NOT A WAGE ACCORDING TO THE PDL BUT RATHER AN EXPENSE, NO AMOUNT ELIGIBLE. ALSO, UNABLE TO DETERMINE IF EMPLOYER REQUIRED TO PAY OVERTIME WAGES ACCORDING TO FLSA REQUIREMENTS. Code Type C040,1, Code Type Amount Amount Code E140 Code Type Amount Type Amount Amounts Awarded Computations: INFORMATION DATE 97 HOURS @ HOURLY = 1/10/18 WAGES DUE LL•5001/LL-3 ( 0815) 1/10/2018 10:10 AM Code Type Amount E141 Penalty Amount $ USER ID PREVIOUSLY PAID = ND2 Texas Workforce Commission Labor Law Section Quarter/Year 3/17 $: Quarter/Year Quarter/Year Quarter/Year $: $: $: Employer Styling Justification Employer Account Registered Entity: Y X N Effective Date: End Date: FOCP: Y ❑ N X Sole Proprietorship/General Partnership: Y X N INFORMATION DATE 1/10/18 ANGEL MARTINEZ DBA: UNITED MACHINE SHOP Per TAXPAYER SEARCH AND USAS (TAX REFERRAL) USER ID ND2 I Penalty Warning Warranted: Y X N Penalty Warranted: YNX Worksheet Attached: YNX Bond Warning Warranted: YNX Justification: INFORMATION DATE 1/10/18 4 WAGE CLAIMS FILED FOR SAME TIMEFRAME 1sT PDL VIOLATION. LL-5001/LL-3 (0815) 1/10/2018 10:10 AM USER ID ND2 FILE COPY DETERMINATION CODES: EDNO EIAO TEXAS WORKFORCE COMMISSION PRELIMINARY WAGE DETERMINATION ORDER Labor Law January II. 2018 PAGE 1 OF PAGES CLAIMANT EMPLOYER ANGEL MARTINEZ JARED CRANFORD DEA UNITED MACHINE sHuP ANGEL MARTINEZ DEA UNITED MACHINE SHOP An lnvestigation having been Comp'leted. the following order is entered pursuant to Chapter 61 cf the Texas Labor Code: FINDINGS AND CONCLUSIONS Uul' Investigation has determined that the claimant is entitied ta far unpaid wages . Convincing evidence of employment has been provided far all or part of the period claimed. The Texas Payday Law only authorizes the collection of unpaid wages. Since expenses are not defined as wages under the law, the Commission is withuut'. jurlsdictinn to rule on the cIaimed amount" It: has been determined that the employer violated the provisions of the Texas Payday Law when the claimant's earned wages were not paid in accordance with the law. If it is determined that an employer has acted in bad faith, the Commission may assess an administrative penalty for failure to pay wages as required by law. in this ease no penalty is assessed. ORDER The employer. ANGEL MARTINEZ is ORDERED to pay for the use and benefit of the claimant, JARED CRAWFORD and shall remit the gross or net: amount disbursement payable to the Texas Workforce Commission. In addition, being found in violation of Chapter 61 of the Texas Labor Code, the employer is assessed an administrative penalty In the amount of which is to be remitted to the Texas Workforce Commission. Assigned Representative: - Pursuant to the Texas Tax Code, section 171.255, [f the corporate of a corporatlan or other taxable entity subject to the tax are forfeited by the Texas Comptroller, each officer or director of the taxable entity Is llable for any debt of the during the period of forfeiture. NJ (SEE REVERSE SIDE FOR ADDITIONAL INFORMATION) LL-25A 1031!)! me nuts ham APPEALS You have the right to appeal this determination order. Your appeal must be in writing. It must be filed no later than 21 days from the date this determination order was mailed in order to preserve administrative appeal rights. If you fax your appeal TWC must receive it no later than 21 days from the date the determination was mailed. TWC will use the date we receive the fax to determine whether your appeal is timely. If you file your appeal by fax, you should retain your fax confirmation as proof of transmission. If neither party files a timely appeal, this determination order becomes the FINAL ORDER of the Commission. Appeals should be mailed or faxed to: Special Hearings Texas Workforce Commission 101 East 15th Street Austin, Texas 78778-0001 Fax#: 512-463-9318 Or You may appeal by TWC's online appeal form Go to www.texasworkforce.orQ/paydavappeal ADMINISTRATIVE LIEN Sec. 61.081 of the Labor Code provides that "A final order of the Commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is a lieri on all property belonging to the employer. The lien for an unpaid debt attaches at the time the order of the Commission becomes final." PAYMENTS An employer who requests a hearing to contest this determination should not send payment. Should your appeal decision affirm that wages are due, follow the payment instructions provided with the appeal decision. An employer who does not request a hearing to contest the determination order shall pay the amount ordered to the Commission not later than the 21st day after the date of mailing of the order. An employer shall make a net payment amount (balance after valid deductions that are authorized by state or federal law, and by court orders; such as but not limited to federal income tax witholding, social security, and child support) payable to the Texas Workforce Commission. Payment to the Commission constitutes payment to the employee for all purposes. To ensure proper processing please return the enclosed remittance slip, and deduction documentation with payment. You . may contact the Commission for clarification on valid deductions. PENALTY If the Commission determines that an employer acted in bad faith in not paying wages as required by this chapter, the Commission, in addition to ordering the payment of wages, may assess an administrative penalty against the employer. If the Commission determines that an employee acted in bad faith in bringing a wage claim, the Commission may assess an administrative penalty against the employee. BOND The Commission may require an employer to deposit a bondif the employer is convicted of two violations of this chapter or a final order of the Commission against an employer for nonpayment of . wages remains unsatisfied after the 10th day after the date on which the time to appeal from that final order has expired and an. appeal is not pending. Please provide the Labor Law Section written notification of any change in your address. Texas Workforce Commission Labor Law Section 101 East 15th Street Austin, Texas 78778-0001 1-800 832-WAGE (9243) -- Fax#: 512-936-3364 tFor more information about the Texas Payday Law Law go to our web site at: ' Lw lltip://www.tWc.state.tx.uS/IopseeHerS/texaS-paVpaV-1aW LL-25A-BK ( 0915). Po:5M TEXAS WORKFORCE COMMISSION LABOR LAW SECTION 101 East 15th Street, Rm. 514, Auslin. Texas 78778 17800783279243 nborlawxl It etrx. JARED CRAWFORD Date: December 29, 2017 RE: Wage C]aimNo.z 17 057549 0 CLAIMANT INFORMATION REQUEST We need additional inionnatien concerning your WAGE CLAIM, Please call me as soon as possible. My dnect line is -- or you may use {he toll--free line: If 1 am unavailable, please leave a messa on voice mail, includlng your name and daytime phone nnmhen My email addiese is: My ax number is._ My office inns an. 7:00 AM to 6:00 pM, Tuesday through Friday. Please eentaet the regarding your wage claim as the handwneing is not legible and 1 need your assistance dc>> tennining Wages vs. per-diem. Please Contact me within seven da from the dnie or this letter. In do not heaa Emm you by that date, tny determination will he based on the information available in the case file. Thanks fox you: coepeaatien. Regards, Labor LayMesdgatet C: file Individuals may receive review and mnectinlormatiun that TWC collects about the individual by Emailing stunning in me Open Records, Rm. 256', 101 East 15m SL, Austln. TX 737750001 LL-8 (0617) Texas Workforce Commission Labor Law Section 101 13.15"| St. Room 124T Austin TX 78778-001 1-800-832-9243 ANGEL MARTINEZ DBA: UNITED MACHINE SHOP Date: December 29, 2017 RE: Wage Claim No: 17 060087 8, DAWSON, 17 059623 4, CHAVEZ, 17 059533 5, HILL 17 059526 2, CRAWFORD EMPLOYER INFORMATION REQUEST 1 need to speak with you regarding the WAGE CLAIM filed against your company by the claimant(s): as h'sued above, I have attempted conmct you via telephone without success, Please Contact 113: with wage records {at the 4 employees listed above. The olig'nzll wage claluas wet: mailed to you on 11/8/17, 10/25/17, 10/20/17 10/20/17 wiLhout sesponse. Please call me at my direct numhee 01' mm and leave your name and phone numhen The toll-{tee number is evallahle only W1 exas. fax numbe: 1s -- My office bouts are 7:00 AM to 3:30 PM Munday Lhmugh Fnday. Please respond within seven days from the data ofthis lenen 151 do not hear from you by dim: date, I will hnse my claim dedsion on the informmion available in your. case file. Thanks {on yous cooperation. Sincerely, Labor Law Invesligzlinus RID TEXIS Wolkforc: Commission 101 E. 1511: Sta. 124T, Ausu'n, TX 737780001 Telephone: Fax: Emnlk C: file mammals may receive, review mmwcen/lem mm lastly/dual by mailing to or wnting lo rwcupen Records, Rm. 255; :01 EM: mu, Amm, 1x 7577mm" LL-6 (1012) nae/2.1mm Cm mun/2317 17: 59 Wage Claim WORKFORCE SDLIJTIDM P56WAV Pm aalas "40w WDWORCE LABOR LAW SECTION EAST 15m snug-r. Aumm', mm Tnlq'vhullc 13004120"? I): or TDD mun--735.3999 VAN/.unawmkinm. (PURSUANT Cl HR Est-2 form ula cam dispm-hb! 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