Texas labor laws, or Texas employment laws, ensure employees in Texas are not exploited by their employers. Employers are required to follow these laws and ensure they provide wages and other benefits to which employees are entitled.
Labor law is a broad category of laws, rules, and regulations which apply in employment settings. Labor laws are intended to protect the rights of employees.
Common disputes that arise in labor law include:
Labor law is also known as employment law, as these two categories of law cover the same topics and concerns. Labor lawyers can also be referred to as employment lawyers. It is important to note that a lawyer who is involved in cases regarding union disputes is typically called a labor lawyer.
The majority of state laws provide that employment is at will. This means that an employer can terminate an employee from their position at any time and for any reason, so long as that reason is not illegal.
An employer of an at-will employee may terminate their position at any time, with or without notice. In many cases, an employment contract will specify whether or not an employee is an at-will employee.
Employment laws in each state regulate employment contracts, which include the clauses an employer or employee may find within their employment contract. An employment contract is an agreement between an employee and an employee that outlines the basic responsibilities of the employee. Once the employee signs the contract, it is deemed to be binding.
What Is Part-Time vs. Full-Time in Texas?
Texas state law does not provide any guidance regarding how many hours an employee must work in order to be considered a full-time employee. An employment contract should inform the employee of which type of employee an individual is in their company.
If the contract does not specify, the employee should contact their company’s Human Resources department. An individual may also consult with a local attorney in Texas to help determine their employment status.
How Much Is Minimum Wage in Texas?
The minimum wage in Texas is currently the same as the federal minimum wage, which is set at $7.25 per hour. An employee who is tipped may only earn $2.13 per hour for their minimum wage.
What Is Overtime in Texas?
In Texas, overtime pay laws are not exacted by the state government but are set by the federal government instead. The Fair Labor Standards Act (FLSA) requires that any hours that are worked over 40 hours per week are to be paid at a rate of 1.5 times the employee’s normal pay rate.
There are some professions and positions which are exempt from overtime in Texas, including:
- Executives;
- Administrators;
- Tipped employees;
- Professionals; and
- Sales employees.
Texas laws permit mandatory overtime for all employees, with the exception of nurses and paralegals. With mandatory overtime, an employee can be asked to work as many hours as their employer requests.
What Are Health Benefits in Texas?
Texas does not have any state laws regarding mandatory health benefits that employers must provide to employees. The only law in Texas that requires an employer to provide any sort of health assistance to their employees is the federal Affordable Care Act (ACA).
Pursuant to the ACA, every individual is required to have health insurance or pay a penalty. A small business is not required by law to provide insurance to its employees.
The ACA defines a small business as any business which has less than 50 full-time employees. If an individual works for a company that has more than 50 full-time employees, then that company is required by law to provide at least 95% of the full-time employees with health insurance.
What Is Discrimination in Texas?
Discrimination in any Texas workplace is illegal under federal law if it is based on:
- Sex;
- Race;
- Religion;
- Color;
- National origin;
- Age;
- Disability;
- Citizenship status; or
- Genetic information.
There is an exception to discrimination in Texas where an employer may take into consideration a characteristic such as race in order to make the workplace more diverse. It is against the law in Texas to fire or otherwise punish an employee in retaliation for filing a complaint regarding discrimination.
There are two options Texas employees have when filing a complaint for discrimination. An employee can file a complaint at the state level with the Texas Workforce Commission, the Civil Rights Division. An employee can also file a complaint with the federal government through the Equal Employment Opportunity Commission (EEOC).
Each agency has its own time limit, before which an employee needs to file a complaint. An employee may believe they have been discriminated against. If that is the case, they should meet with an attorney as soon as possible in order to avoid missing any deadlines.
If an employee is not able to reach a sufficient solution through an agency, they have the right to sue their employer. It is important to note that there are limits as to how much an individual could receive in terms of damages.
Texas has the same damages limits as the federal government, including:
- For an employer with 15 to 100 employees, recovery is capped at $50,000;
- For an employer with 101 to 200 employees, recovery is capped at $100,000;
- For an employer with 201 to 500 employees, recovery is capped at $200,000; and
- For an employer with more than 500 employees, recovery is capped at $300,000.
What Is Time Off in Texas?
There are no state laws in Texas governing an employee’s ability to take time off from work. Texas employers, like those in the rest of the states, may be subject to the federal Family and Medical Leave Act (FMLA).
It is important to note that not everyone is covered by the FMLA. It only applies to businesses that operate in multiple states and employ 50 or more full-time employees.
An individual’s employer may not be required to adhere to the FMLA. If not, then it is up to the individual employer to determine what kind of leave is permitted for:
- Illness;
- Disability;
- Pregnancy;
- Childbirth.
If an employee is covered by the FMLA, they have the right to a maximum of 12 weeks of leave. The leave may be paid or unpaid, depending on what the employer offers.
An employee may take leave for reasons such as:
- Illness;
- Caring for a sick family member;
- Taking care of a newborn;
- Taking care of an adopted child.
During the time the employee takes leave, their employer is required to keep their health benefits up to date. In addition, the employer cannot refuse to give the employee their job back once their leave ends.
Where Can I Find a Local Lawyer to Assist Me?
If you believe you have been discriminated against or are facing other employment issues at your job, it is important to seek the advice of a Texas labor lawyer as soon as possible. Employees in Texas are afforded basic rights, and you do not want to miss out on compensation because you waited too long to contact an attorney and the deadline passed to file your claim.
Your attorney can review your employment situation, advise you of your rights, and help you throughout the complaint or lawsuit process. Having an attorney on your side will help you obtain the best outcome possible for your employment claim or issue.
