What are the employment laws in Texas that businesses should be aware of?
As a lawyer, I can provide some basic information on the employment laws in Texas that businesses should be aware of. Please note that this advice is intended for general informational purposes only and should not be relied upon as a substitute for legal advice from a licensed attorney.
1. Fair Labor Standards Act (FLSA)
This federal law establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in both the public and private sectors. Under the FLSA, the current minimum wage in the United States is $7.25 an hour, but in Texas, the minimum wage is $7.25 an hour. Employers must also pay non-exempt employees overtime at a rate of one and one-half times their regular hourly rate for any work over 40 hours in a seven-day workweek.
2. Texas Labor Code
The Texas Labor Code sets out several provisions related to compensation and employment practices, including the requirement that all wages be paid on a regular basis, no less frequently than twice each month. Employers are prohibited from taking unauthorized deductions from employee wages, and are required to provide employees with written notice of their pay rate and regular payday.
3. Texas Payday Law
This law governs how and when employers must pay their employees. Under this law, wages must be paid to employees within six days of the completion of the pay period. Employers must provide a written explanation of the wage deductions upon request and cannot retaliate against employees for requesting this information.
4. Family and Medical Leave Act (FMLA)
This federal law requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes the birth or adoption of a child, a serious health condition of the employee or a family member, or a qualifying exigency due to a family member's military service. Employers must also provide up to 26 weeks of leave per year for care of a covered service member with a serious injury or illness.
5. Discrimination Laws
Texas law prohibits discrimination on the basis of several protected characteristics, including race, religion, sex (including pregnancy), age, disability, and national origin. Employers must provide reasonable accommodations to employees with disabilities, and may not retaliate against employees who assert their rights under the law. Employers with 15 or more employees must comply with federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964.
6. Workers' Compensation
Texas law requires most employers to carry workers' compensation insurance to cover workplace injuries and illnesses. This insurance provides medical benefits, income benefits, and death benefits to employees who are injured or become ill as a result of their work.
Please note that this is not an exhaustive list of employment laws in Texas and that there may be additional laws and regulations that apply to your particular business. Additionally, laws and legal precedents are subject to change, and you should consult with a licensed attorney for advice specific to your situation.