1. (a) An employer acts in bad faith in not paying wages as required by the Act when that employer acts:

   1. (1) with the knowledge that the failure to pay wages is in violation of the Act or this chapter; or
   2. (2) in reckless disregard for the requirements of the Act or this chapter.

2. (b) An employee brings a wage claim in bad faith when the employee does so:

   1. (1) with the knowledge that the claim is groundless; or
   2. (2) solely to harass the employer against whom the claim is brought.
3. (c) An employee brings a wage claim by filing the claim with the Texas Workforce Commission.

Source Note:The provisions of this §821.44 adopted to be effective June 1, 1998, 23 TexReg 5732.