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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 821TEXAS PAYDAY RULES
SUBCHAPTER AGENERAL PROVISIONS
RULE §821.3Jurisdiction

(a) The Commission shall exercise jurisdiction over wage claims in which:

  (1) the work is performed exclusively in Texas;

  (2) the work is performed in part in Texas and in part in other states within the United States and where the wages would be reportable to Texas for Unemployment Insurance purposes pursuant to Texas Labor Code §201.043; or

  (3) the work is performed by an individual who is a Texas resident at the time the work is performed and the work is performed outside Texas for a Texas employer or a non-resident employer over whom Texas exercises jurisdiction pursuant to subsection (b) of this section.

(b) The Commission shall exercise jurisdiction over a non-resident employer pursuant to the Texas Civil Practice & Remedies Code, Chapter 17, Subchapter C, also known as the "Texas Long-Arm Statute," when all three of the following are met:

  (1) the employer purposely does some act or consummates some transaction in Texas;

  (2) the wage claim arises from the employer's act or the employer's contact with Texas is continuing and systematic; and

  (3) exercising jurisdiction is consistent with:

    (A) fair play and justice as determined by the quality, nature and extent of the employer's activities in Texas including the extent to which the employer avails itself of the benefits and protections of Texas law; and

    (B) the relative convenience of the parties.

(c) The Commission shall not exercise jurisdiction over wage claims to the extent the wages are for work performed outside the United States.


Source Note: The provisions of this §821.3 adopted to be effective June 1, 1998, 23 TexReg 5732.

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