Documents to be Imaged Claim No. Chapter: 17-060494-6 1, Investigations 2, Special Hearings 3, Commission Review 4, Collections 5, Judicial Review ❑ Number of pages including Cover Page n/a Type of Document: Check Stubs/Payroll Record Company Policy Manual Contract/Agreement on Pay Commission/Bonus Agreement Authorization for Deductions Description: Address Change Form Decision Notice of Hearing Hearing Documents Exhibits Returned Mail Transmittal Acknowledgement Letter Appeal Dismissal Letter Related Docs Summary Distribution Stamp Additional Comments (if any) ❑ nw ❑ ❑ ❑ ❑ ❑ Collection Documents Special Hearing Documents Commission Appeal Documents Judicial Review Documents Other ❑ ® ❑ ❑ ❑ TEXAS WORKFORCE COMMISSION WAGE CLAIM APPEAL TRIBUNAL 101 East 15th Street Room 414 Austin, Texas 78778 MARCHZI 2018 Dale Mailed TEXAS PAYDAY LAW DECISION CLAIMANT EMPLOYER MELINDA BROWN WELCO STEEL LLC NOTICE: The attached decision will become final fourteen (14) calendar days afier the date mailed shown above, unless within that time a party to the appeal files a Written lequest for reopening or a written appeal lo the Commission,* Please see the attached copy of appeal rights for further information regarding I'eapenings or appeals to the Commission. APPEAL N0.: 17-060494-6 WAGE CLAIM DATE: NOVEMBER 13, 2017 BUSINESS ENTITY: LIMITED LIABILITY COWANY APPEAL FILED BY: Employer DATE APPEAL FEBRUARY 21, 2018 DATE OF PEARING: MARCH 21 2018 PLACE OF HEARING: Telephone APPEARANCES: Healing, MARCH 21, 2018; Telephone Fur Claimant: MELINDA BROWN For Emplayel': NONE Exhibits: 0 CC: *Note: Ifthe last dale fizr filing a motion/Hr reopening ur 1m appenlfall: on a Texas state or federal holiday, the time [by filing the request is extended la the next War/ting day. TEXAS WORKFORCE COMMISSION WAGE CLAIM APPEAL TRIBUNAL 101 East Street Room 414 Austin, Texas 78778 MARCH 21 20 I 8 Date Mailed TEXAS PAYDAY LAW DECISION CLAIMANT EMPLOYER MELINDA BROWN WELCO STEEL LLC NOTICE: The attached deeision will become final toumen (14) calendar days afler the date mailed shown above, unless within that time a party to the appeal files a written request for reopening or a written appeal to the Commission.* Please see the attached copy of appeal rights for fimher information regarding reopenings or appeals to the Commission. APPEAL NO.: 17-060494-6 WAGE CLAIM DATE: NOVEMBER 13, 2017 BUSINESS ENTITY: LIMITED LIABILITY COMPANY APPEAL FILED BY: Employer DATE APPEAL FILED: FEBRUARY 21, 2018 DATE OF HEARING: MARCH 21, 2018 PLACE OF HEARING: Telephone APPEARANCES: Hearing, MARCH 21, 2013; Telephone For Claimant: MELINDA BROWN For Employer: NONE Exhih CC: AL WELLS REGISTERED AGENT WELCO STEEL LLC CAROLYN WELLS *ane: Ifthe hm dateferfiling a motion for reopening or an appeal falls an a Texas state or federal holidzm the Iimeforfiling the request is extended to the next working day. TEXAS WORKFORCE COMMISSION APPEAL NO. 17-060494-6 PAGE N0. 2 CASE HISTORY: By a determination order issued FEBRUARY 1, 2013, pursuant to the Texas Payday Law, Labor Code, Chapter 51, Section 61.052, the employer, WELCO STEEL LLC, was ordered to pay to the Texas Workforce Commission for the benefit of the olaimane MELINDA BROWN, the amount of -1 The Labor Law Department also assessed an administrative penalty in the amount of_ against the employer, based upon a finding that the employer acted in had faith in its firilure to pay wages due. The employer appealed. OF FACT: Although all parties were given proper notice of the time and plaoe for the hearing on this appeal, the appellant did not appear to offer evidence CONCLUSIONS: A hearing conducted pursuant to the Texas Payday Law is, under Section subject to the same prooedures used by the Texas Workforce Commission in the determination of a claim for unemployment oompensation benefits. specifically, the Texas Workforce Commission Rules provide, in part, at Commission Rule 16 (40 TAC 815.16), that if a party to the appeal fails to appear at the hearing, the hearing officer may hear and record the evidence ofthe party present and the witnesses, ifany, and shall to decide the appeal The weight of the evidence available in the present case is consistent with the result reached in the order described above. Accordingly, the order will be affirmed in its entirety. DECISION: The Preliminary Wage Determination Order dated FEBRUARY 1, 2013, is in all respecis affirmed. The employer, WELCO STEEL LLC, is hereby ordered to pay to the order of the Texas Workforce Commission forth: use and benefit of the claimant, MELINDA BROWN, wages in the amount of- in accordance with the attached instruetions for payment. The administrative penalty in the anount ot- affimied. Hearing omeer nw TEXAS WORKFORCE COMMISSION APPEAL NO. PAGE NO. 3 INSTRUCTIONS TO EMPLOYER FOR PAYMENT TO THE COMMISSION WHO MUST PAY: WELCO STEEL Pursuant to the Texas Tax Code, 171.255, if the corporate privileges ofa corporation or other taxable entity subject to the franchise tax are forfeited by the Texas Comptroller, each officer or director of the {arf'eited entity is liable for any debt ofthe entity during the period of forfeiture. AMOUNT or PAYMENT- (less deductions, if applicable, for federal income tax withholding and Social Security to the extent authorized by federal law.) AND AMOUNT OF ADMINISTRATIVE PENALTY: - WHEN PAYNENT DUE BY EMPLOYER To THE COMIVHSSIO MAYA 2018 CHECK PAYABLE T0: Texas Workforc: Commission Please now the claimant's name and wage claim number on the face of the check. MAJL CHECK To: Texas Workforce Commission Labor Law Payment Division PO. Box 684483 Austin, Texas 78768-4483 QUESTIONS ABOUT PAYMENT: If you have questions coneenting payment ofthe amounts assessed you may contact the Labor Law Depamnem at: PAYMENT To EMPLOYEE: The Commission will pay the claimant wages collected and, if applicable, any interest earned on those wages. Texas Workforce Commission Appealing Texas Payday Law Decisions If you disagree with the Payday Law decision, two methods of appeal are available: 1. Request a Reopening of a Hearing. If you did not participate in your hearing and have good cause for your nonappearance, you may request a reopening of your hearing within 14 days pursuant to Commission Rule 16 (40 TAC §815.16(5)). This request must explain why you were not able to appear. You may be granted a reopening if your request establishes good cause for your failure to participate. To request a reopening of your hearing, mail your request to Special Hearings Department, Texas Workforce Commission, 101 E. 1511 Street, Austin, Texas, 78778, fax it to (512) 463-9318, file it online at www.texasworkforce.org/paydavappeal or visit your local TWC office. 2. Request a review of the case by filing an Appeal to the Commission. Section 61.0612 of the Texas Labor Code states, in part, that the Commission may permit any of the parties affected by the order to initiate a further appeal before the Commission within 14 days. To file an Appeal to the Commission, mail your appeal to Commission Appeals, Texas Workforce Commission, Room 678, 101 E. 1511 St., Austin, Texas, 78778, fax it to (512) 475-2044, file it online at www.texasworkforce.ore/oavdavaooeal, or visit your local TWC office. Important Instructions Your appeal must include the following information: the claimant's name, the wage claim number, the hearing officer's name, and the date the decision was mailed. If you mail your appeal, it must be postmarked no later than 14 days from the date this decision was mailed to you. If you fax your appeal, TWC must receive it no later than 14 days from the date the decision was mailed. Keep your fax confirmation as proof of transmission. If the 141h day from the decision mailing date falls on a Texas state or federal holiday, the time limit for filing an appeal will be extended through the next working day. Appeals made prior to the decision mailing date will not be considered. You may also appeal by submitting TWC's online appeal form. Go to www.texasworkforce.ore/oavdavaooeal. For more information about the appeals process, visit www.texasworkforce.ore/oavdavaooeal, APELACION DE LAS DECISIONES EN VIRTUD DE LA LEY DE SALARIOS ATRASADOS DE TEXAS Si usted no esNa de acuerdo con la decisi6n respecto de la Ley de Salarios Atrasados, tiene a su disposici6n dos metodos de apelaci6n: 1. Solicitud de Reapertura de Audiencia. Si usted no particip6 de su audiencia y tiene una causajustificada para no haber asistido, podr5 solicitar la reapertura de la audiencia dentro de los 14 dias de conformidad con IaNorma de la Comisi6n 16 (titulo 40 TAC Articulo 815.16(5)). Dicha solicitud deber6 explicar los motivos de su inasistencia. Se le podra otorgar la reapertura si su solicitud establece causa justificada para su falta de participaci6n. A fin de solicitar la reapertura de su audiencia, envie por correo su solicitud at Special Hearings Department, Texas Workforce Commission, 101 E. 151s Street, Austin, TX, 78778, o por fax al (512) 463-9318. Tambi6n puede presentarla por Internet en www.texasworkforce.ore/navdavaooeal o visite su oficina local de IaTWC. 2. Solicitud de revision del caso por medio de Apelaci6n ante la Comisidn. El artfculo 61.0612 del C6digo Laboral de Texas establece, en parte, que la Comisi6n puede autorizar a cualquiera de his partes afectadas por la orden a presentar otra apelaci6n ante la Comisi6n dentro de los 14 dfas, A fin de interponer una apelaci6n ante la Comisi6n, deberd enviar la apelaci6n por correo a Commission Appeals, Texas Workforce Commission, Room 678, 101 E. 151" Street, Austin, TX, 78778 o por fax at (512) 4752044. Tambi6n puede presentarla por Internet en www.texasworkforce.ore/oavdavaoaeal, o visite su oficina local de la TWC. Instrucciones Importantes Su apelaci6n debe incluir la siguiente fnformaci6n: nombre del reclamante, el n6mero de reclamo salarial, el nombre del arbitro de la audiencia, y la fecha de envio de la decisi6n. Si usted envia su apelaci6n por correo, deber6 estar sellada no m>is de 14 dfas desde la fecha an que se le envi6 esta decisfdn. Si usted envfa su apelaci6n por fax, la TWC deber6 recibir su apelacidn no m6s de 14 dias desde la fecha en que se envi6 la decisidn. Conserve la confirmaci6n del fax como comprobante de la transmisi6n. Si el decimocuarto dia de la fecha del envio de la decisi6n cae en on feriado estatal de Texas o feriado federal, el plazo de presentaci6n de la apelaci6n se extender5 hasta el siguiente dfa h'abil. Las apelaciones realizadas con anterioridad a la fecha de envfo de la decisi6n no ser5n consideradas. Tambi6n podr5 apelar mediante la presentaci6n del formulario de apelaci6n en Ifnea de la TWC. Visite www.texasworkforce.org/pavdavaoneal. Para mayor informaci6n sobre el proceso de apelaci6n, visite www.texasworkforce.ore/pavdavaooeal. Equal Opportunity Employer/Programs Texas Workforce Commission Notice of Texas Payday Law Hearing nearing Officer Special Hearings Texas Workforce Commission 101 East isth Street Austin TX 78778 Fax: (512) 463-9318 Claimant: Employer. BROWN WELCO STEEL LLC CC: Hearlns Date: Wednesday, March 21, 2013 Hearing Time: 1:00 PM Central Time Note if you live in or near El Paso, or outside the Central Time Zone, please adiust for the time zone difference in your area, Hearing Registration Website: texasworltforce.org/hearing 0R Alternate Registration Phone No.- lns'ructions: This hearing will be held by telephone conference call. At lsasi 30 minutes before your hearing is scheduled to begin, register online at texasworkforoeorgihearing or call the toll-free number above to give the receptionist the phone number where you can be reached when the hearing officer calls you tor the hearing. The hearing will begin on time. If you fail to call In on films, you may be excluded from the hearing. Make sure you are in a quiet location with no background noise. it you call from a cell phone, make sure the signal at your location is strong enough to talk to and hear the Officer for the entire hearing You must be at stationary location and cannot be in a moving vehicle even as a passenger. Accommodations are available upon request to individuals with disabilities. l=or TDD access, please call Relay Texas at -- Before the hearlng, please review the instructions included with this letter. MHHDOCUMENTS SUPPORTING YOUR CASE MUST BE RECEIVED BV THE HEARING OFFICER AND OPPOSING PARTV NO LATER THAN 5 BUSINESS DAVS PRIOR TO THE HEARING DATE You must mail all documents to the opposing side includlng documents provided to the investigator, The Special Hearings Department does not send out documents to (he other Wage Claim Case Number: 17-060494-6 Appeal Data 02~21~18 Appellant Employer Date Hearing Notice Mailed. 03-01-18 Determination Date: 02-01-18 Wage Claim Date: 11--13--17 CC: AL WELLS REGISTERED AGENT WELCO STEEL LLC Equal opportunity EmployerlPrograms mm mm: nan cc: At Issue In The Hearing PLEASE READ THE NOTICE AND THE NOTICE INSTRUCTIONS THOROUGHLY. 'Y*iQDOCUMENTS MUST BE RECEIVED BY THE HEARING OFFICER AND OPPOSING PARTY NO LATER THAN 5 BUSINESS DAYS PRIOR TO YOUR SCHEDULED HEARING*** IF EITHER PARTY FILES AN APPEAL TO A PRELIMINARY WAGE DETERMINATION ORDER, THE COMMISSION MIGHT CONSIDER ALL ISSUES, INCLUDING THE AMOUNT OF WAGES IN CONTROVERSY. ''"t* Whether the claimant has been paid all wages due Whether the claimant provided written authorization for the employer to deduct a portion of the claimant's wages Whether the employer acted in bad faith in not paying wages Whether the claimant is entitled to wages computed in accordance with i°"' the Federal or Texas Minimum Wage Law. WtM 909U/.(I]9L SPECIAL HEARINGS YEXAS 101 EAST 15m STREET AUSTIN. TX 73173 HELINDA BROWN mm SPECIAL HEARINGS TEXAS COMMISSION :01 EAST 16TH STREET AUSTIN. TX 7e77s MELCO STEEL LLC SPECIAL HEARINGS TEXAS CDMMISSIDN '01 EAST 'am STREET AUSTIN. Tx 75775 AL MELLS REGISTERED AGENT SPECIAL TEXAS 101 EAST 15m STREET AUSTIN. Tx 72715 STEEL LLC SPECIAL HEARINGS TEXAS WORKFORCE 101 EAST smear ALISTIN, TX 7e77s CAROLYN WELLS Grave Kay From: Sent: Wednesday, February 21, 2015 12:41 PM Subject: Notice of AppeaI: PRELIMINARY WAGE DETERMINATION ONLY USE THIS FORM TO FILE AN APPEAL To cOntact TWC for any other reason, see: TWC Info -- Contact Us Last Four of claimant's Social Security Number: Claimant's Name: Melinda Brown RCCE Employer/Buslness Name: Welco Sleel. LLC IVED Wage Claim Number: FEB 2 I 2018 lam (he: EMPLOYER SPECIAL HEARINGS My name I Al Wells Phone number, including area code and any extension, where I can be reached: Ext: lam appealing: A PRELIMINARY WAGE DETERMINATION Date Mailed of the deaermination or decision you are appealing: February 01. 2018 Was a hearing scheduled with the Appeal Tribunal or Commission Appeals? No Ir yes, what is (he AppaaI Number? If yes, did you participate in the hearing? If you are filing this appeal after the deadline or you did not participate In a scheduled hearlng, Include the reason In the next section. appeal because: Employee was paid everylhIng she was owed. and paid ior all hours worked. More lniormalIon Is needed as to what dates she ls clalming she was not paid. If you need an interpreter during the hearing, n/nar language do you need? If you have moved since the document you are appealing was mailed, mail or fax your change of address (0: TWO Special Hearings Section, 101 East 15th Street, Austin, TX. 78778-0001 or See the document/s you received from TWC for more information about the appeals process. Form used: English Texas Workforce Commission A Member of Texas Workforce Solutions February 22, 2013 MEL I NBA BROWN Re:WageClaiinNo: l7-osoh9b-6 Claimant: MELINDA a BROWN Employer: WELCO STEEL LLC The employer's communication has been received and is being considered as a potential appeal to the Preliminary Wage Determination Order issued in the claim referenced above. The case will be set for a hearing unless the appeal is deemed not timely. A Notice ocharing will be sent to both parties in the near future stating the date and time of the telephonic hearing, Please review the Notice of Hearing for important instructions. BE ADVISED: Any noun-tents you intend to rely on must be submitted to both the hearing oeticer and the opposing party. Please he prepared to present all evidence and witnesses at the hearing. The Notice of Hearing will let you loam the addressess to send the documents to and the timeline. Examples of documents that are fireqeunfly used in these hearings are: . Paystubs/Copies of from and back of cashed checks/Proof of cash payments. - Written Authorization to deduct from wages . Employment/Compensation Agreements . Tirnesheets/Time Records - Handboolo and Policy Manuals If you have any questions regarding this case, please do not hesitate to contact the Special Hearings Department. Texas Workforce Commission Special Hearings Department 01 E. 15 Lreet hear; 773 Phone: (300) 328-5959 Fax: (512) 46349518 lol E. 15|h street Austin. Texas 78778-0001 (522)453-2222 http://wwyatexasworkrorceerg Reiay Texas cone-[seams mam aoo-7ss-2Qafitvolce) 1 Equal Opportunity Employer/programs FORM LL-lloN unsi Texas Workforce Commission A Member of Texas Workforce Solutions February 22, 2013 WELCO STEEL LLC Re: Wage Claim No: l7-060'09h-6 Claimant: MELINDA BROWN Employer: WELCD STEEL LLC The employer's communication has been received and is being considered as a potential appeal to the Preliminary Wage Determination Order issued in the claim Ieferenced above. The case win he set for a hearing unless the appeal is deemed not timely. A Notice ofHearil-ig will he sent to both parties in the near future stating the date and time of the telephonic heating. Please review the Notice of Hearing for important instructions. BE ADVISED: Any donut-eats you intend to rely on must he submitted to both the hearing officer and the opposing party. Please he prepared to present all evidence and wimesses at the heating. The Notice of Hearing will let you know the addresses to send the documents to and the timeline. Examples of documents that are fireqeunfly used in these hearings are: Paystubs/ Copies of front and back of cashed checks/Proof of cash payments. - Written Authorization to deduct from wages - TilnesheeIs/Time Records - Handbook and Policy Manuals If you have any questions regarding this case, please do not hesitate to contact the Special Hearings Department Texas Workforce Commission special Hearings Department 1 E. 1 th fleet 778 Phone: (300) szsregse Fax: (512) 463-9315 lot is. street Austin, Texas 78778-0001 (512)453-2222 http://wwmexasworkiorcecrg Relay Teenage-75572959 (TDD) aouwsasaaiwieei 2 Equal Opportunity Employer/programs FORM LL-lloN (ins)