Texas Labor and Employment Law

Employers in Texas are required by both federal and state laws to protect the rights of their employees. There are a number of laws and acts that protect the rights of Texas employees, including the Texas Labor Code, the Texas Payday Law (Chapter 61 of the Texas Labor Code) and the Texas Minimum Wage Act (Chapter 62 of the Texas Labor Code). Federal laws that protect employees include the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA).

Texas Labor Code

The Texas Labor Code sets out rules and regulations to protect employee rights. Some of the areas covered by the Texas Labor Code include employment discrimination, employment of children, wages, staff leasing services—meaning temporary employee services—and employee benefits.

Texas Payday Law (Chapter 61 of the Texas Labor Code)

According to the Texas Workforce Commission, (twc.state.tx.us) all business entities except public employers are covered by Texas Payday Law. Texas Payday Law sets out how frequently employees must be paid, how an employee can be paid and when an employer can legally take deductions from an employee's wages. Texas Payday Law requires that employers pay their employees in full, on time and on regularly-scheduled paydays.

Texas Minimum Wage Act (Chapter 62 of the Texas Labor Code)

The Texas Minimum Wage Act sets out minimum wage guidelines for non-exempt employees. Furthermore, it requires non-exempt employees to be given a written earnings statement concerning their pay and provides civil remedies in the event that the Minimum Wage Act is violated.

As of July 24, 2009, the federal minimum wage increased to $7.25 an hour.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. Texas laws also apply to employment subject to the FLSA. In cases where both the FLSA and state law apply, the law setting the higher standards must be observed.

A more in-depth look at the Fair Labor Standards Act can be found here.

Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) is a federal act that requires that covered employers provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.

Texas employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.

Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.

Employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.