05 Aug Texas Labor Laws

Texas Labor Laws: Essential Guide for Employers and Employees

 

Texas Labor Laws serve as a crucial resource for both employees and employers alike, ensuring a safe and fair working environment within the state. As you navigate the intricacies of these laws, it is important to understand the various aspects underlying the regulation and protection of your labor rights.

One key element of Texas Labor Laws is the enforcement of minimum wage, currently set at $7.25 per hour. Apart from minimum wage requirements, there are regulations addressing overtime pay, meal and break periods, and other compensable time. Additionally, Texas enforces strict laws against employment discrimination based on factors such as age, sex, color, race, national origin, religion, and disability.

By familiarizing yourself with these vital labor laws, you can ensure that your rights, as an employee or employer in Texas, are being upheld. Staying informed and taking necessary precautions can help alleviate potential conflicts and ensure a harmonious workplace experience.

 

Texas Labor Laws Guide

 

As an employer or employee in Texas, it’s important to be aware of the labor laws governing your workplace. In this brief guide, we will provide you with some essential information to help you understand your rights and responsibilities.

Firstly, it is important to note that Texas follows the federal Fair Labor Standards Act (FLSA) which sets the minimum wage, overtime pay, and child labor standards. As of now, the minimum wage in Texas remains at $7.25 per hour, the same as the federal minimum wage.

Texas law mandates that employers give meal and rest breaks to employees. While there is no specific state law addressing this, the FLSA requires that if a break of 20 minutes or less is given to employees, it must be paid. Additionally, it is recommended that employees be given a meal break of at least 30 minutes after working continuously for 6 hours. This break usually is unpaid, unless it’s specified otherwise in your employment agreement.

Regarding overtime, the FLSA requires employers to pay nonexempt employees one and a half times their regular rate for any hours worked over 40 in a workweek. It’s essential to know your status as either exempt or nonexempt, as this determines your eligibility for overtime pay. Generally, most hourly-paid employees are considered nonexempt, while some salaried employees might be exempt depending on their job duties and salary level.

Child labor laws also play a significant role in Texas workplaces. The state prohibits the employment of children under the age of 14, except in some specific cases, such as working for their parents or in the entertainment industry. For minors aged 14 and 15, there are restrictions on the number of hours they can work per week and the types of jobs they can perform. Minors aged 16 and 17 face fewer restrictions but are still subject to some limitations regarding hazardous work. You can find detailed information on the Department of Labor’s child labor laws page.

As an employer, be sure to stay informed about updates and changes to Texas labor laws to maintain compliance. For a more comprehensive resource, you can refer to the Texas Guidebook for Employers, which provides essential information on employment laws and regulations in Texas. As an employee, knowing your rights will empower you to advocate for fair treatment in the workplace.

 

Texas Wage Laws

 

As an employee in Texas, it’s important to be aware of your rights and the laws governing wages. Understanding these regulations can help you ensure that you are receiving fair compensation for your work.

Texas Minimum Wage

Texas’ current minimum wage is $7.25 per hour. It is essential to know that the Texas Minimum Wage Act does not prohibit employees from bargaining collectively with their employers for a higher wage. This means you have the right to negotiate with your employer for better compensation if desired.

When it comes to calculating the minimum wage, employers are allowed, under certain restrictions, to count tips and the value of meals and lodging toward meeting the minimum wage requirements. This is particularly relevant if you work in the hospitality or service industry.

Keep in mind that understanding your rights concerning minimum wage is essential to ensure you are being paid what you are owed. Familiarize yourself with the guidelines and regulations provided by the Texas Workforce Commission to stay informed about any changes or updates to the minimum wage laws.

 

Texas Payment Laws

 

Unemployment Insurance

In Texas, unemployment insurance is administered by the Texas Workforce Commission. This program provides temporary financial assistance to workers who are unemployed through no fault of their own and meet eligibility requirements. To receive benefits, you must actively search for work and file claims every two weeks.

Payday Frequency and Method

Employers in Texas are required to pay non-exempt employees at least twice per month (semi-monthly), while employees exempt from overtime should be paid at least once per month, according to Texas labor laws. Each pay period should consist, as nearly as possible, of an equal number of days.

Wage Deductions and Garnishments

Under the Texas Payday Law, employers are allowed to make certain deductions from your paychecks, such as taxes, insurance premiums, and union dues. However, deductions for things like cash shortages or property damages are prohibited unless you agree in writing.

Wage garnishment is allowed only for certain purposes, such as child support or federal student loan repayments. For wages to be garnished in Texas, a court order is generally required.

Workers’ Compensation as per Texas Labor Laws

Texas employers can choose whether or not they want to participate in workers’ compensation insurance. If your employer has opted in, you may be eligible for medical and income benefits in the case of work-related injuries or illness. If your employer does not provide workers’ compensation insurance, they must inform you, and in such cases, you retain the right to sue for damages.

 

Texas Overtime Laws

 

In Texas, both state and federal laws guarantee overtime pay to many workers. As an employee, you should be aware that if you work more than 40 hours in a week, you are generally entitled to receive overtime pay at a rate of one and a half times your regular hourly wage ¹. For example, if your normal rate of pay is $10.00 per hour and you work 50 hours in a work week, you should get paid $10.00 per hour for the first 40 hours and $15.00 per hour for the additional 10 hours of overtime.

Overtime Exceptions and Exemptions in Texas

However, there are specific exceptions and exemptions that apply to certain Texas workers in regard to overtime pay.

Exemptions under the Fair Labor Standards Act (FLSA): These exemptions are based on federal laws, and they exempt some employees from overtime pay requirements. Examples of exempt employees include:

• Executive, administrative, and professional employees who are paid on a salary basis
• Highly compensated employees
• Outside sales employees
• Certain computer professionals

State-specific exemptions: In addition to federal exemptions, Texas has some unique exemptions from overtime pay requirements under state law ³. Examples of employees who may be exempt under state law include:

• State and local government employees
• Employees of movie theaters
• Certain agricultural workers

It’s crucial for you to be well-informed of the overtime laws in your state, especially if you regularly work more than 40 hours per week. Keep in mind that labor laws can be complex, and knowing your rights can help protect you from being denied overtime pay to which you may be entitled.

 

Important Links

1. Texas Law Help
2. FindLaw
3. Texas Payroll/Personnel Resource

 

 

Texas Break Laws

In Texas, there are no specific labor laws related to breaks and meal periods for most employees. Employers have the discretion to provide breaks as they see fit, and they are not required to pay employees during meal breaks. However, there are a few notable exceptions where certain workers are granted specific breaks under Texas labor laws.

Exceptions to Break Laws in Texas

Although the majority of workers are not granted specific break rights, employees in hazardous occupations such as high-altitude workers and nuclear plant workers are an exception to this rule. These workers are entitled to regular breaks, which are typically paid because they promote productivity and safety in high-risk environments source.

Texas Breastfeeding Laws in the Workplace

Another important exception to Texas break laws is related to breastfeeding mothers. Texas law requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth. Employers must also provide a private place, other than a bathroom, for the employee to express breast milk source.

By being aware of these break laws and exceptions in Texas, you can better understand your rights as an employee or employer and ensure compliance with applicable regulations.

 

Texas Leave Requirements

 

Texas Required Leave

In Texas, employers are not required by law to offer paid or unpaid leaves, such as sick leave, vacation, or personal leave. However, certain leave requirements do exist for specific situations, such as disability, pregnancy, or other conditions protected under specific statutes. Additionally, employers must adhere to the Family and Medical Leave Act (FMLA) when applicable, which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. During FMLA leave, employers must continue coverage under their group health plan.

As an employee, it’s essential to understand your rights and the leave policies your employer offers, as these policies may vary by company. Always consult your employer or human resources department for the specific leave policies that apply to your workplace.

 

Texas Non-Required Leave

Since Texas does not mandate private-sector employers to provide paid or unpaid leave, your employer may choose to offer paid time off (PTO) or separate vacation and sick leave policies at their discretion. When companies do offer these benefits, they may establish their own rules for accruing, using, and carrying over PTO, vacation days, or sick time. Employers may also have the right to deny payment for accrued vacation leave upon separation from employment.

If your employer offers a leave policy, familiarize yourself with the details to ensure you’re aware of how the policy works, and any potential limitations or restrictions. Keep in mind that although not required, many employers choose to offer some form of leave as part of an attractive benefits package to retain and attract employees. Therefore, make sure to research and consider leave policies when evaluating employment opportunities in Texas.

 

Child Labor Laws in Texas

 

Work Time Restrictions for Texas Minors

In Texas, child labor laws set specific rules for the working hours of minors. If you are aged 14-15 years old, you can work:

• A maximum of 3 hours on school days
• A maximum of 8 hours on non-school days
• Up to 18 hours per week during school weeks
• Up to 40 hours per week during non-school weeks
• Not before 7 a.m. or after 7 p.m. except during the summer (June 1 – Labor Day), when you can work until 9 p.m.

For minors aged 16-17, there are no specific hour restrictions during non-school days, but you cannot work during school hours unless it’s part of a work-study program.

 

Breaks for Texas Minors

Under the Texas Child Labor Law, employers must provide:

• A 30-minute meal break for every 5 consecutive hours worked
• A 10-minute rest break for every 3.5 hours worked

These breaks are mandatory for minors under 18 years of age, regardless of the length of their work shifts.

 

Prohibited Occupations for Texas Minors

Certain occupations are deemed too hazardous for minors to work in. Some of the prohibited occupations for Texas minors include:

• Working with heavy machinery
• Operating motor vehicles
• Roofing or work involving heights
• Manufacturing, using, or storing explosives
• Work in excavation, mines, or quarries

For a complete list of prohibited occupations and exemptions, refer to the Texas Child Labor Law.

Remember to familiarize yourself with the applicable rules under the Texas Child Labor Law to ensure you’re in compliance with state regulations and safeguard your rights.

 

Texas Hiring Laws

 

As an employer in Texas, it’s crucial to be aware of the state’s labor laws, which regulate various aspects of the employment process. By having a good understanding of these laws, you can ensure a lawful workplace environment and avoid potential legal issues.

One notable aspect of Texas employment law is that it follows the at-will employment doctrine. This means that you, as an employer, are allowed to terminate an employee at any time, for any legal reasons, without having to provide notice. Similarly, an employee can leave their job at any time without facing consequences. However, there are some exceptions to this rule, such as when there is an employment contract that specifies a specific duration or termination procedures.

In terms of equal employment opportunity, Texas employers must adhere to federal laws, such as Title VII of the Civil Rights Act and the Americans with Disabilities Act, as well as the Texas Commission on Human Rights Act. These statutes protect applicants and employees from discrimination based on factors such as race, color, religion, sex, national origin, age, disability, and genetic information. Ensure your hiring policies are in compliance and treat all candidates fairly throughout the recruitment process.

When hiring minors, familiarize yourself with the Texas Child Labor Law. This legislation stipulates that 14- and 15-year-olds can work no more than 8 hours a day and 48 hours in a week, while also highlighting restrictions on early morning and late-night shifts.

Lastly, keep in mind that Texas does not have a state minimum wage, so employers must follow the federal minimum wage, which is currently $7.25 per hour. Ensure that you pay your employees at least the minimum wage and provide overtime pay for any employees who work more than 40 hours per week.

By following these Texas hiring laws, you can not only foster a fair and law-abiding workplace, but also safeguard your business from potential legal disputes.

 

Right-to-Work Law in Texas

 

As an employee or job seeker in Texas, it’s crucial to understand the right-to-work law that governs the state’s labor relations. Texas is a right-to-work state, meaning that under the Texas Labor Code, a person cannot be denied employment because of membership or non-membership in a labor union or other labor organization ¹.

The right-to-work law aims to provide employees with the freedom to decide whether to join or not to join a labor union. In Texas, you’re entitled to bargain freely with your employer, individually or collectively, for the terms of your employment without facing discrimination based on your union membership status ².

In Texas, the law broadens the definition of “labor union”, encompassing any incorporated or unincorporated organization, group, union, lodge, local, branch, or part of a union, designed to improve working conditions, wages, or employment ³. This means that the right-to-work protections apply not only to traditional unions but also to other labor organizations.

It’s important to remember that while the right-to-work law protects your freedom to choose your union affiliation, it doesn’t prevent you from organizing or participating in labor unions. Employees still have the right to organize and advance their workplace interests collectively.

In summary, the right-to-work law in Texas upholds your inherent right to work without being discriminated against based on your labor union membership or non-membership. It encourages individual choice and free bargaining while not hindering collective organization.

 

Important Links

1. Liberty and Justice for Texas | Office of the Attorney General
2. LABOR CODE CHAPTER 101. LABOR ORGANIZATIONS – Texas Constitution
3. Texas Right to Work Laws – FindLaw

 

Texas Termination Laws

In Texas, employers are not required to provide a written notice of termination or layoff. However, giving a clear and unambiguous written notice can help prevent misunderstandings and disputes about the work separation date and any outstanding pay.

As an employee working in Texas, you should be aware of your rights when it comes to termination. If you believe you have been unfairly terminated or discriminated against, you may need to file a charge with the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), or the National Labor Relations Board (NLRB) within 180 days of the alleged discrimination.

When it comes to receiving your final paycheck, Texas law stipulates that if an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of the discharge.

As an employer, you should be cautious when terminating an employee. Make sure to follow all the appropriate laws and regulations governing termination in Texas. It’s crucial to have a basic understanding of the legal implications of termination and to create a strategic plan to reduce any potential legal risks.

Remember, although Texas is an “at-will” employment state, meaning that either the employer or employee can terminate the employment relationship at any time, there are still specific state and federal laws that protect employees from unlawful termination and discrimination.

 

Texas Final Paycheck

 

When it comes to final paychecks in Texas, there are certain rules and regulations you should be aware of. Depending on whether you have been terminated or have voluntarily resigned, the timelines for receiving your final paycheck will vary.

If you have been fired, discharged, or otherwise involuntarily separated from employment, Texas law requires your employer to issue your final paycheck within six (6) calendar days of the separation. This ensures that employees who have been let go receive their payment in a timely manner.

On the other hand, if you have voluntarily separated from your job, such as through resignation or quitting, Texas law states that your final paycheck is due on the next regular payday. This allows employers to maintain their regular payment schedules when employees choose to leave the company.

It is important to note that these rules apply to all Texas business entities, regardless of their size, with the exception of public employers like the federal government, the state, or political subdivisions of the state, as stipulated by the Texas Payday Law.

Lastly, be aware that if you are receiving severance pay or wages in lieu of notice, Texas law disqualifies you from receiving unemployment benefits for the period in which you are receiving this compensation, according to Sections 207.049 (1) and (2) of the Texas Unemployment Compensation Act.

By understanding these rules and regulations regarding final paychecks in Texas, you can be sure to receive your payment in a timely manner and move forward appropriately when leaving a job.

 

Health Insurance Continuation in Texas

 

When you lose your job or experience a reduction in work hours, it’s essential to understand your health insurance continuation options in Texas. Under federal law, COBRA allows you to continue your health insurance coverage for a certain period after leaving your job. However, Texas state law also provides coverage continuation rights if you are not eligible for COBRA or have exhausted your COBRA coverage.

In Texas, employees of smaller fully insured employers with fewer than 20 employees can keep their group health insurance coverage for up to nine months after losing their job or experiencing a reduction in work hours. This is known as Texas State Continuation coverage. If you had COBRA coverage and it has ended, you can also continue with Texas State Continuation coverage for up to six months.

To take advantage of Texas State Continuation coverage, you must pay the premium within 45 days of the first day of coverage. The premium payments are then due within 30 days of their due dates. It’s crucial to remember these deadlines, as failing to make the payments could risk losing your continued coverage.

You should receive a notice from your employer upon termination, informing you about your continuation coverage options. If you need more information about COBRA or Texas State Continuation coverage, resources like Texas Law Help offer comprehensive overviews and helpful links.

In summary, understanding your options for health insurance continuation in Texas is critical when you’re navigating a job loss or reduction in work hours. Take the time to review the details of your coverage, payment deadlines, and the differences between COBRA and Texas State Continuation to make informed decisions about your health insurance needs.

 

Occupational Safety in Texas

 

In Texas, employers must comply with the Occupational Safety and Health Act of 1970 (OSHA). Its goal is to ensure that all employees in the private sector work in a safe environment, free of any recognized hazards. As an employer in Texas, it’s essential for you to follow the safety and health standards set by the U.S. Department of Labor.

It’s crucial for you to understand the thresholds for coverage under employment-related laws. As an employer in Texas, you must abide by these regulations, whether you are in charge of a small business or a large corporation. The Texas Payday Law also outlines specific requirements for employers and provides guidelines on handling employee compensation matters.

Ensuring workplace safety goes beyond just adhering to OSHA guidelines. You must stay informed about potential hazards in your industry and take necessary measures to eliminate or mitigate them. The Texas Department of Insurance offers resources and guidance for employers to create a safe working environment, such as free online safety videos and guidance on occupational driving safety programs.

As an employer, you should also be aware of the employee rights and laws regulated by the Texas Workforce Commission. Understanding these rights, including anti-discrimination laws and child labor regulations, can help you promote a fair and secure workplace for your employees.

By being proactive about occupational safety in Texas, you can maintain compliance with state and federal regulations, foster a positive work environment, and protect the well-being of your employees. Staying informed and committed to workplace safety will benefit both your business and your workforce.

 

Additional Laws That Might Apply to You

 

While Texas labor laws cover essential aspects such as minimum wage, overtime, and safety regulations, there are several other laws that might be relevant to your employment situation. Being familiar with these additional laws can help protect your rights and ensure a better work environment.

In Texas, child labor laws are put in place to ensure minors are not employed in hazardous jobs and their working hours do not interfere with their education. For more information on these laws, you can contact the TWC’s Wage and Hour Department here.

Workplace safety and health is another critical area in Texas labor laws. Employers are responsible for providing a safe and healthy work environment. If you feel that your workplace conditions are unsafe, you can report the issues to the appropriate authorities. Learn more about workplace safety and health regulations here.

Employers in Texas are not required by law to provide employment contracts for employees. However, if you do have a written employment agreement, it is essential to understand your rights and obligations. Some common items in employment contracts include job duties, salary, and benefits. Additionally, employers may offer severance packages to employees who are laid off or terminated. While not required by law, severance agreements can provide additional financial support and benefits during a transition period.

Finally, Texas has specific regulations related to labor union activities. These laws protect your rights to join or refrain from joining a labor union and ensure that unions can represent employees’ interests fairly. To get a better understanding of Texas labor union regulations, you can visit this resource.

Keep in mind that employment laws can change over time, and it’s essential to stay up-to-date with the latest legislation in Texas. Remember, knowing your rights and obligations as an employee can help you navigate any legal issues that may arise in your workplace.

 

Labor Union Regulations

 

In Texas, labor union regulations aim to balance the rights of employees to form or join unions with the state’s “right-to-work” policies. As you may know, employees’ right to form or join unions is federally protected under the National Labor Relations Act, passed in 1935.

Texas, being a right-to-work state, prohibits denying employment based on an individual’s union status. This means you cannot be denied a job opportunity because you are a union member, or you choose not to be one. “Right-to-work” conditions are outlined in the Texas Labor Code, which also includes the right to organize for all types of laborers.

In addition to these basic rights, labor union regulations in Texas require unions to file annual reports with the Secretary of State. These detailed reports cover information about the union’s organization, affiliations, and finances, highlighting their transparency and public accountability.

Texas employment discrimination and labor laws are governed by various federal acts, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and Titles I and V of the Americans with Disabilities Act of 1990. Understanding these acts will help you navigate your rights as an employee in the state.

Remember that as an employee in Texas, you have the freedom to decide whether or not you want to join a labor union. Being informed about these laws and regulations will enable you to make the best decisions regarding your employment and any potential involvement with labor organizations.

 

Texas Whistleblower Laws

 

As an employee in Texas, it is important to be aware of the Texas Whistleblower Laws designed to protect your rights. These laws encourage employees to report violations of law made by their employers, such as environmental, legal, financial, or safety violations, without the fear of retaliation.

The Texas Whistleblower Act is the primary law that allows public employees to report unlawful acts by their employer or another public employee. This act applies to both state and local governmental entities, such as school districts. It prohibits employers from taking adverse personnel action, like suspending, terminating, or demoting employees, for making a good faith report to an appropriate law enforcement authority.

To qualify for protection under the Texas Whistleblower Act, you should ensure that:

• You are employed by a state or local governmental entity
• You report a violation of law in good faith
• You report the violation to an appropriate law enforcement authority

It is essential to understand that this law does not extend protection to private sector employees. However, federal whistleblower laws may apply in those situations.

In addition to the Whistleblower Act, the state of Texas has also put up whistleblower protection posters as part of the efforts to raise awareness among public employees about their rights.

Remember, as a public employee in Texas, the Whistleblower Laws are there to ensure your voice is heard and your rights are protected. Be confident in knowing that there are legal provisions in place to support you when reporting violations of law in your workplace.

 

Texas Recordkeeping Laws

 

In Texas, it is essential for employers to maintain accurate records for employees to comply with state and federal labor laws. Keeping these records up to date will help ensure that you are aware of your employees’ rights and are abiding by the regulations in place.

 

Employee Scheduling Laws

Employee scheduling laws are a crucial aspect of Texas recordkeeping. You should maintain records that clearly state the employee’s scheduling information, such as work hours, shifts, and breaks. Make sure to incorporate any changes in scheduling as needed.

To help maintain compliance with the Texas Labor Code Section 21.301, you should:

• Keep all personnel records for at least one year following an employee’s last day of work.
• Retain records for four years regarding IRS payroll tax-related records.
• Record significant work-related injuries, illnesses diagnosed by a healthcare professional, deaths, days away from work, restricted work, or transfer to another job for businesses with 11 or more employees.

Additionally, for employees covered under the Family and Medical Leave Act (FMLA), you should keep records for three years, including:

• Dates when FMLA leave is taken (or hours if less than a full day).
• Records indicating the leave is designated as FMLA leave.
• Notices furnished to the employee by the employer regarding FMLA leave.

By maintaining accurate records, you will be better equipped to manage your workforce efficiently and remain compliant with both Texas state and federal labor laws. Remember, having a well-organized recordkeeping system not only helps you stay compliant but also makes it easier for you to access information when needed.

Using a tool like ClcokIt helps to easily record employees’ clock in clock out and maintain records of their leaves and PTO.