SECTION 821.81. Bonding

(a) When authorized by §61.031 of the Act, the Commission may require a bond of an employer if the Commission reasonably believes the employer would otherwise fail to comply with the Act.

(b) The Commission shall consider the following factors in determining the amount of the bond:

(1) the seriousness of the violation, including nature, circumstances, extent and gravity of any prohibited acts;

(2) the history of previous violations;

(3) the amount necessary to deter future violations;

(4) efforts to pay past due wages and penalties;

(5) the total amount of wages not paid in accordance with the Act; and

(6) any other matter that justice may require.

(c) The bond shall be in an amount not less than the cumulative total amount of wages finally determined to be due and unpaid by the employer in the past. The maximum bond shall be in an amount not more than five times the cumulative total amount of wages finally determined to be due and unpaid by the employer in the past.

Source Note: The provisions of this §821.81 adopted to be effective June 1, 1998, 23 TexReg 5732.