Untitled Texas Attorney General Opinion

GERALD C. MAEE Honorable John D. Reed, Commissioner Bureau of Labor $tatlstlcs Austin, Texas Dear Sir: igfnion No. 074184 Is the Bureau ofLabor Statistics acting-within its jurisdiction in assisting employees to oollect wages duq'them; and related questions. You have asked our opinion on the above and other questions set out inyour letter of inquiry, whloh we quote: "For a number of years a certain proasdure has been followed by this Department in assisting employees to collect wages due them by employem; For example, an employee presents himself at one of our field offioes,~andrsquests that we assist him in oolleoting wages tha@ an employer haa failed to pay. "Our procedure has baen to have the employee give us a statement of his claim for wages, glvlng all pertinent in- formation concerning same for this statement, acorn to before persons authorized to administer oaths. A blank form that we use for this purpose is attached, also sheet of instructions .to assist in filling out the statement of employee. Upon completion of same, our deputies usually try to oontact the employer and reach a settlementwith him satlsfqotory to the employee regarding this olalm. . "It sedms to be the policy of this Department that where an employer falls to take any action at all in oases of this nature or falls to respond to corresBondenoe, the deputy lssues a subpoena for facts of this claim. This has been done under the provisions of Article 5150, Revised Civil Statutes. "In order to'properly instruct the personnel of this Depart- ment In the proper procedure to be used in carrying out rour duties, please advlse.me Honorable John D. Reed, Page 2, O-4184 "(1) "hether or not the above procedure in taking the statement of claim for wages is within our jurlsdiotlon, "b2) Whether or not representatives of this Uepartment are acting within their jurisdiction in assisting employees to collect wages due them, "(3) Whether or not the issuance of subpoenas by a repre- sentatlve of this Department to get this information is w&thin the jurisdiction of this Department." The general duties of the Cotnmlssloner*ofLabor Statistics are set out in Articles 5145 and 5149, Vernon's Revised Civil Statutes of 1925, in the following language: - "Art. 5145. (5235-6-7) &ties of Commissioner "The Bureau of Labor Statistics shall be under the charge and control.%$'the commissioner of Labor Statistics. %hs Commissioner shall collect, systematize and present in biennial reports to the Governor , ,statisticaldetails relating to all departments of labor in Tesas, especially as bearing upon the oommercial, sooial, eduoatlonal, and sanitary conditions of the employ'eesand their families, the means of esc'apefrom dangers incident to their employment,.the proteotion of life and health in the factories and other places of employment, the labor of women and children, and the number of hours of labor exacted of them, and in general, all matters and things which affect or tend to affeot the prosperity of the mechanical, manufacturing and produotlve industries of this State, and of the ,personsemployed ther,ein. "Said Commissioner shall, also, as fully as may-be done, collect reliable reports and information from each county, showing the amount and condition of the mechanical, mining and manufacturing interest therein, and all sites offering natural or acquired advantages fur the location and operation of any of industry. He shall, by oorres- of the dlfferent~ti~~branches pondence with interested parties in other parts of the United States, or in foreign 'countries,-W; to them such lnforma- tion as may tend to induce the location of manufaottiringand producing plants irithlnthe State, together with such informa; tion as may toincrease the employment of labor and the products of such employment in Texas. kxcept as hereinafter provided he shall safely keep and deliver to his successor all records, papers, documents, correspondence and property pertaining to or coming into his hands by virtue of his off1ce.y “Art. 5149. (5242) TO report violations Honorab,leJohn D. Reed, Page 3, O-4164 "If the Commissioner shall learn of any vlolatlon of the law with respect to the employment of children, or fire escapes, or the safety of employees, or the preservation of health, or in any other wgy affecting the ,employes,he shall at onoe give written notloe of the facts to the proper county or district attorney." The authority of the Commissioner to issue subpoenas and take testimony is granted in Article 5150 In the following language: "Art. 5150. (5239) To take testimony 'The Comnlssloner shall have power to issue subpoenas and take testimony in all matters relating to the duties herein required of said Bureau. Such testimony must be taken in the vaolnity of the residence or office of the person testlfylng.a All of the above quoted statutory provisions are from the same legislative enactment (Act 1909, beginning at page 59). It will thus be seen that, inasmuch as one of the duties of the Bureau. prescribed by said Act is to report by written notice to:the proper county or district attorney any violation of law in any way affecting employees, the Commlssloner'lspower to issue sub- poenas and take testimony extends to any oase in whioh he may learn of such violation of the law. Among the laws olearly intended for the proteotfon of employees, and violations of which would affect emplo eeas are those found in the following chapters of Title 83 of 3: ernon's tievisedCivil Statutes of 1925, Chapter 3, relating to-the time of payment of wages; Chapter 7, relating to measures for the protection of female employees. (See also Article 1567, Vernon's &wised Penal Code of 1925). Chapter 13, regulating the business of employment agents. Other important statutory provisions designed for the pro- tection of em.loyees are found in the Texas Child Labor Law, Chapter 4 of !s ltle 18, Vernon’s kevlsed Penal Code.of 1925. Article 5157, contained in Chapter 3, above cited, is as follows: "Every parson, partnership or corporation, wilfully failing or refusing to pay the wages of any employee at the time.and in the manner provided In this &MWne shall f orfelt to the atate of Texas the sum of fifty dollars for each and every such failure or refusal. Suits for penalties accruing under this law Honorable John D. Reed, Page 4, O-41& shall be brought in any court having jurisdlotIon of the amount in the county in which the employ8 should have been paid, or where employed, &oh suits shall be instituted at the direotlon of the Commissioner of Labor StatistIce by the Attorney General or under his direotlon, or,by the County or District Attorney for the county or district In which suit is brought." The duty and authority conferred by this statute are limited to the filing of suits on behalf of the State for the oolleotlon of the penalties therein provided, and do not extend to assistanoe of the employee in the oolleotion of his personal claim; and the instruction sheet submitted with your letter so states. It is a matter of common knowledge that a great many of the unpaid wage claims, whloh employees need ass$stanoe in colleot- lng, are too small to justify the risk of payment of court .costs In an attempt to .oolleot them, and the claimants flnanoirllg unable to ndvenoe ettorney feesr The workof your department of the State government in auuiutdng in the erttlr- ment of such olalms, without oharge to the claimant, Is oom- mendable, and the humanitarian motives from whIoh It springs unquestioned. But the Bureau of Labor 3tatIrtlos, being a creature of the statutory law of ,thla State, has only ruoh au- thority as Is granted to it by speoIfIo statutory snaotment. and nowhere in the statutes do we find any authority for the Bureau to assist employees in the oolleotlon of wages due thorn. Therefore, in answer to your seoond question, It is our opinion that representatives of the Bureau of Labor Statistics are not acting within their jurisdiction in assisting employees to collect wages due them. It is our further opinion (In answer to your first and third questions) that the procedure outlined by you for the taking of statements of claims for wages, and the issuance of subpoenas by representatives of your department to get suoh information, are within the jurisdlotlon of your department'only insofar as they are done for the purpose of fulfllllng the duties oon- ferred-upon the Bureau of Labor Statlstios by the statutes, and not for the purpose of assisting employees in oolleotlng wages aue them. Yours veq truly ATTORNEY GENE AL OF TEXAS APr'ROVEDDEC. 18, 1941 s/.W.~,B.Allen.. ., a/ Grover Sellers BY FIRST ABSISTANT W. R. Allen ATTORNEY GENERAL Aaslstant WRA:RS/og Approved Opinion Committee By BWB, Chairman _