(a) The Commission shall consider any applicable minimum wage and overtime requirement in determining if wages are due and unpaid.
(b) In determining an employee's entitlement to federal minimum wage or overtime, the Commission shall look to the Fair Labor Standards Act (FLSA) of 1938 as amended, 29 U.S.C. 201 et seq., and the regulations promulgated by the United States Department of Labor thereunder. In determining an employee's entitlement to state minimum wage, the Commission shall look to the Texas Minimum Wage Act, located at Texas Labor Code, Chapter 62.

Source Note: The provisions of this §821.6 adopted to be effective June 1, 1998, 23 TexReg 5732.