Texas Workforce Commission Labor Law Section Payday Documents to be Imaged Claim No. 17 060087 8, KEVIN D DAWSON ND2 User ID Chapter: 1. Investigations 2. Special Hearings ❑ 3. Commission Review ❑ 4. Collections ❑ 5. Judicial Review ❑ Type of Document: Check Stubs/Payroll Record Company Policy Manual Contract/Agreement on Pay Commission/Bonus Agreement Authorization for Deductions ❑ ❑ ❑ ❑ ❑ Collection Documents Special Hearing Documents Commission Appeal Documents Judicial Review Documents Other Description: LL-5001/LL-3 (0815) 1/10/2018 10:09 AM ❑ ❑ ❑ ❑ ❑ Texas Workforce Commission Labor Law Section Wage Claim No: 17 060087 ClaimantName: KEVIN DAWSON Employer Account Investigator Name: Usu jurisdiction: Signed/Swom: Y. WC Postmark/Faxcd/Received Date: 10-26-17 Information Search (check off items lemma) Amounts Claimed: Regular Ovnxrimc Commission Bonus - i Payday System (Name Search) Payday System (Employer Notes) Payday System (Bankruptc)')* 505 (Filing History) 505 (Puma/Officer Information)"' Texas Compuollex" fr As needed Vacation Deductions Sick Min. Wage Holiday Other Severance Tomi- Puiod in Dispute: 9/13 T0 9/21/17 Numbez of Hours Disputed: Employcx Response Information (According to Emplayzz Response Received? Claim Disputgd? Claimant Paid? Check Received? Rate of Pay: Method Check Cash Bankruptcy: Case No. Direct DeposilX PACER Pn'mouts Attached: (0815) 10mg AM Texas Workforce Commission Lagbor Law Section Missing Facts: DATE INFORMATION USER ID 12/29/17 CALL CLAIMANT TO DETERMINE IF AND ALL HOURS CLAIMED AISO CLAIMANT ADDITION INCORRECT ON NUMBER OF HOURS WORKED AND ACTUAILY TOTAL HOURS SHOULD BE 90.5 BUT CLAIMED 88.7 HOURS. NDZ Name, SSN, and Addxess Vedfications: Claimant's Le Name: KEVIN DAWSON SSN: Verified By: KEVIN DAWSON Employer's Legal Name; Address: FEID a; SSN: Number of Employees: Verified By: Information Search Printout Included: Ifyes, source: 505 If no, why not: Method Verified By: Comm Infoxmed oprpezl Rights: Clahnmt: Employer: DATE INFORMATION USER ID 12/29/17 CALLED CLAIMANT --, VERIFIED INFORMATION. CLAIMANT PAID A TOTAL OF- FROM THE EMPLOYER PRIOR TO WAGE CLAIM FILED. IN ADDITION, PER DIEM IS CONSIDERED AN EXPENSE NOT A WAGE. EXPLAINED THE INCORRECT ADDITION ON HOURS WORKED AND TOTAL SHOULD BE 90.5 HOURS INSTEAD OF 88.7 HOURS CLAIMED. CLAIMANT HAS NOT SPOKEN TO NAMED EMPLOYER, PROVIDED APPEAL RIGHTS CALLED EMPLOYER STATES WIRELESS CUSTOMER NOT AVAILABLE, TRY AGAIN LATER. EMPLOYERS PHONE NUMBER AND ADDRESS MATCHES USAS RECORDS. THE NOTIFICATION MAILED TO THE EMPLOYER NOT RETURNED AS UNDELIVERABLE. NDZ LL-sum/Lw (OI I 5) mum)! I may AM Texas Workforce Commission Labor Law Section EXHIBIT A, TO EMPLOYER, APPEAL RIGHTS PROVIDED. 1/9/18 EMPLOYER CALLED ON 1/8/18, LEFT CALL BACK REQUEST HIS HR. STATES CLAIMANTS PAID AND REQUESTED CALL BACK HE CAN SUPPLY DOCUMENTATION. RETURNED EMPLOYERS CALL TO --BUT MESSAGE STATES AVAILABLE RIGHT NOW, TRY AGAIN 1/10/18 CALLED EMPLOYER AGAIN, SAME MESSAGE AS ON 1 9/ 18. Law Violnu'on: Ii Ruflng/Jusdficadon/Detmuhiadon Codes: DATE INFORMATION USER ID CLAIMED UNPAID WAGES FOR 9015 HOURS WORKED BETWEEN 9/13 TO 9/21/17 - HOURLY -- PREVIOUSLY PAID -I WAGES UNPAID. ALSO CLAIMED PER DIEM -DAILY FOR 9 DAYS. THE EMPLOYER WAS MAILED AN [1.6 AND RETURNED CALL TO LEAVE VOICE MAE. INDICATING HIS HR, DEPARTMENT TOLD HIM THESE PAID (4 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 TOTALINC- IN UNPAID WAGES HOWEVER, AS PER DIEM Is NOT A WAGE ACCORDING TO THE PDL BUT RATHER AN EXPENSE, NO AMOUNTS ELIGIBLE. ALSO, UNABLE TO DETERMINE IF EMPLOYER REQUIRED TO PAY OVERTIME WAGES ACCORDING TO PISA REQUIREMENTS Code Tiie Amount Code Type Amount Code Typ: Amount cm, I Code Type E140 E141 Amount Code Type Amount Penalty Amount 5 (01115) 1/10/2013 10:09 AM Texas Workforce Commission Labor Law Section Amounts Awarded Computations: DATE INFORMATION WEEK 9/11 TO 9/17/17 1/10/18 48.5 HOURS WEEK 9/18 TO 9/24/17 42 HOURS TOTAL HOURS = 90.5 @ HOURLY = $ PAID = WAGES DUE Quarter/Year 3/17 Quarter/Year $: $: USER ID ND2 PREVIOUSLY Quarter/Year / / $: Employer Styling Justification Employer Account Registered Entity: Y X N FOCP: Y ❑ N X Effective Date: End Date: Sole Proprietorship/General Partnership: Y X N DATE INFORMATION 12/29/17 ANGEL MARTINEZ Dba: UNITED MACHINE SHOP Per TAXPAYER INFORMATION AND USAS (TAX REFERRAL) Penalty Warning Warranted: Y X N YNX Penalty Warranted: Worksheet Attached: YNX Bond Warning Warranted: YNX Justification:. INFORMATION DATE 4 WAGE CLAIMS FILED FOR SAME TIMEFRAME 1/10/18 1sT PDL VIOLATION LL-500VLL43 (0815) Quarter/Year 1/10/2018 10:09 AM / $: USER ID ND2 USER ID ND2 FILE DETERMINATION C0100 EIIQO EIIQI TEXAS WORKFORCE COMMISSION PRELIMINARY WAGE DETERMINATION ORDER Labor Law January 11, 2018 PAGE I OF I PAGES CLAIMANT EMPLOYER ilV i DAUXON ANGEL MARTINEZ ANGEL MARTINEZ DEA UNITED MACHINE SHOP An Investigation having been completed, the following order is entered pursuant to chapter 61 of the Texas Labor Code: FIND NES AND CONCLUSIONS our investigation has determined that the claimant is entitled to for unpaid wages . Convincing evidence of employment has been provided for 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 without jurisdiction to rule on the claimed amount. it has been determined that the employer violated the provlslons 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 case no penalty is assessed. ORDER The employer, ANEEL MARTINEZ is ORDERED to pay for the use and benefit of the claimant, KEVIN DAWSON 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 Commissi n. We. - Pursuant to the Texas Tax Code, section 171.255, If the corporate privileges of a corporation or other taxable enmy subiect to the franchise tax are forlelted by the Texas Comptroller, each officer or director of the taxable entity ls liable for any debt of the entity during the period of forfeiture. NJ (SEE REVERSE SIDE FOR ADDITIONAL INFORMATION (HEIDI mm mm mm 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.ore/paydayappeal . 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 lien 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 bond if 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 For more information about the Texas Payday Law Law go to, our web site at: htto://www.twc.state.tx.us/ iobseekers/texas-pavdav-law LL-25A-BK (0915) `°""" Texas Workforce Commission Labor Law Section 101 E1 15'" SL Room 124T Austin TX 78778-001 1-800-832-9243 ANGEL MARTINEZ DEA: UNITED MACHINE SHOP Dare; December 29, 2017 RE: Wage claini N01: 17 060087 8, DAWSON, 17 059623 4, CHAVEZ, 17 059533 5, HILL 8: 17 059526 2, CRAWFORD EMPLOYER INFORMATION REQUEST 1 need to speak with you regarding die WAGE CLAIM filed against your company by else claimant(s): as listed above. I have :LtEmPted to contact you via telephone without success. Please Contact me with wage records for the 4 employees listed above The original wage claims were mailed to you on 11 /s/17, 10/25/17, 10/20/17 and 10/20/17 without response. Please call me at my direct number -- or a and leave your name and da lime My phone number The toll~GBPtee nurnber is available only on eras. fax number is office hours are 7:00 AM to 3:30 PM Monday through Fn'day, Please respond within seven days from the dare of this knell 1:1 do not bear from you by that dare, I will base my claim decision on the information available in your ease file. Thanks for your cooperaiion. Sineereiy, lnvesiigaior, Labor Law invesiigaiions RID Texas Workforce Commission 101 E. 15 Ausdn,TX7877870001 Fax: Email: C: file Individuals may letzi'm review mu: col/em abaul the individual by email/nu n) a! writing :9 7w: Rerorur, 25.: 1m sun is- Ausu'n, 7x 7577mm. LL-6 (1012) aluminium Wage Claim TEXAS WORKFORCE COWSSION. LABOR. 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