Section 821.44 - Bad Faith(a) An employer acts in bad faith in not paying wages as required by the Act when that employer acts: (1) with the knowledge that the failure to pay wages is in violation of the Act or this chapter; or(2) in reckless disregard for the requirements of the Act or this chapter.(b) An employee brings a wage claim in bad faith when the employee does so: (1) with the knowledge that the claim is groundless; or(2) solely to harass the employer against whom the claim is brought.(c) An employee brings a wage claim by filing the claim with the Texas Workforce Commission.40 Tex. Admin. Code § 821.44
The provisions of this §821.44 adopted to be effective June 1, 1998, 23 TexReg 5732.