Lawyers and Settlements
Home Page >> Hot Legal Issues >> Lawsuit: Texas Employment Law

Texas Labor and Employment Law

Were you looking for Texas Wrongful Termination lawsuits?

Texas Labor Law lawsuits allege violations of Texas state labor laws such as overtime pay, discrimination and harassment. The rights of employees in Texas are protected by the Texas Labor Code and the Fair Labor Standards Act (FLSA). Possible violations of Texas employment labor law include wrongful termination, retaliation, discrimination, family and medical leave and employment contracts.

FREE CASE EVALUATION

Send your Texas Employment Law claim to a lawyer who will review your claim at NO COST or obligation.Get Legal Help Now

Texas 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).

WorkersTexas 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.

Since 2009, the Texas minimum wage has been $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.

Texas Employment Legal Help

If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Last updated on

TEXAS EMPLOYMENT LAW LEGAL ARTICLES AND INTERVIEWS

Texas Employee Files Lawsuit for Unpaid Wages
Texas Employee Files Lawsuit for Unpaid Wages Texarkana, TX A Texas employment lawsuit has been filed in Texas, alleging Harte-Hanks failed to properly pay employees for all hours worked. The Texas labor lawsuit was filed by an employee who worked at the company’s call center in Texarkana, Texas, and alleges that she and other employees were not paid for all time spent logging in to call systems or all time in administrative tasks at the end of the shift [READ MORE]

Microsoft to Pay $2 Million in Workplace Bullying Case
Microsoft to Pay $2 Million in Workplace Bullying Case Austin, TX Michael Mercieca kept the faith and after seven years finally saw the courts order Microsoft to pay for bullying him to a near breaking point [READ MORE]

An Interview with Michael Mercieca—The Man Who Fought Microsoft and Won
An Interview with Michael Mercieca—The Man Who Fought Microsoft and Won Austin, TX It is hard to imagine what Michael Mercieca’s life has been like the last seven years [READ MORE]



READER COMMENTS

Posted by
Jay
on
Hi just want To said about ace cash express is one of the worst company to work for. They have shifts from 11 hours with no breaks. We are not even allow to walk out from our work area. Also at ace family emergency doesn't exists. You can't miss a day or calling in sick the only way for us to miss a day our manager have us looking for some one to cover our shift. If we can't find some one to work our shift we can't miss from going to work. Also there fees on the feed board don't match the feed they charge for checks they charge more then percentage that they show there. Please some one put a stop into this pressure for us to sale cards to customer they force us to no matter who give them a card even when customer don't want one or they already have an account....

Posted by
Tex
on
I worked at the Doctors office for almost 13 years , last December 16-23, 2016 the office was closed due the Np was on vacation and we don't have a pay we used our Pto to cover with it.. but we worked on the dec 26-30 and January 2, 2017, Are they supposed to pay us ? Because is they're choice to closed the office since we worked last December 26 and January 2, and that's supposed a holiday.. is there any paid holiday in a year?

Posted by
Nader Hana
on
I was working with big company Schlumberger in Houston TX for 20 months as permanent job and during this period I had 3 managers , the last one was hating me from first day and this was in the last 4 months only, one day she called me to sign a warning letter and so i was surprised because i am killing myself in work and i refused and then I sent her and the HR resignation in the same day , yesterday I received copy of my background check done by one of employers and i found the reason of leaving the company was ( Involuntary termination performance issues)

Posted by
Michael
on
I work for a towing that only pays commission.. i am required to to work 14 hours a day during the slow season i might run 2 call a day. Somedays i make about 60.00 gross for 14 hours a day. Shouldn't my employer have to pay at least minium wage? I have been here for 15 months and found out they do not pay overtime nor have a garentee pay

Posted by
Texas
on
I was terminated after I ask to step down to the floor as a charge nurse because I no longer wanted to be on the management team of a bully.

Posted by
Texas Medical worker
on
I worked at a hospital as a PRN employee. I often put in a considerably more hours than full time employees. All my performance reviews were positive and indicated that I was a significant performer but PRN employees did not get yearly raises. I had worked there for about a year and a half when I was offered a full time position. About six months later it was time for the yearly performance reviews. Despite the fact that I had an excellent review my raise was half of what it should have been. It was explained to me that it was prorated because I hadnt been a full time employee for a entire year. That seems rather shady to me. Can anyone tell me if that was a legitimate reason for the employer to use?

Posted by
Maydan Arzi
on
Since last November , i worked for a retail company that sales skin products in mall kiosks as a sales manager in San Angelo and College station , TX . I was in charge of training the employees and running the locations for the owners ( one live in phoenix ,AZ ,and the other one in Israel ) . i didn't got new employees thru the year and worked on low commission in this business. towards the holiday season , in November , i asked from the owners to raise my commission from my sales since i want to reach to reach my personal goal this year . he refused and asked me to leave the apartments where me and the employees live. Then i went to apartment manager and she told me that im on the lease and i cant leave.( last January the company put the lease on 2 apartments in Bryan , TX). she told me its my apartment and i decide what to do, the company tried to put someone else on the lease and the apt manager refused and told me that legaly im on the lease and i decide what to with them .then i offerd them to stay inone of the apt and pay the rent. but they decided to find different apt building .At this point i tried to open my own kiosk at the mall, and they talked to the managementand stop it , somehow... since then im waiting for my last salary + bonuses - close to 5000$ . what should i do now???

Posted by
Linda
on
I work for a company that employes about 50 people. I have been there for several years now, and my boss and her band of favorites are abusing their time on the job. By this I mean that my boss and her favorites have been leaving the work site, clock out when they leave for 2 plus hours, but never clock back in upon returning. When the time sheets are given out she will adjust their time sheets to make it seem as if they have only taken an hour lunch. My boss is salary, so she can basically come and go, but the others are not. The rest of the employees have noticed, and it creates hostility in the workplace. Whenever we ask to leave early for a Dr's appointment or anything else for that matter, we are turned down because she states that there is no one to cover us. We don't understand how that can be, due to the fact that when the boss and her favorites leave the building they have plenty of coverage for them. Total of 5 people leave at least once or twice a week. I have been keeping a journal every time they leave. There was one day they came back tipsy, and the reason I knew this is because one of the employees was urinating in the bathroom with the door wide open, while the others in the group surrounded her and laughed hysterically. I love my job but again as I have stated we are hostile, disheartened, and the moral is so low. Just need some advice as to what my next move is to be. I have been with this Company for many years and my pay is low, while the newbies and her favorites are making more than me. Please help me, I just don't know what to do anymore... Thank you and God Bless. Not sure if this matters or not, but I am 61 years old....Thank You

Posted by
Moinuddin
on
Fired me without warning i did lots of extra hrs. didnt pay my paid off vacations

Posted by
nyck kelley
on
I had a non work related injury to my back and due to the fact I am on my own in a different city delivering items to apartments such as fridges and stoves my boss forced me to work after i gave him a doctors note and had the urgent care doctor call him to help understand the full extent of my injuries but still had me pick up and deliver 12 fridge, 10 stoves, and 8 dish washers plus more packages today and I think I hurt back further and I don't think he will let me off tomorrow. Please email and let me know if there is anything I can do to help myself

Posted by
Texas Boots
on
I am salaried and I am paid at a 32-hour a week. Yet, I work sometimes 60 to 70 hours in a week, to get my work complete. Who I employed by is government funded, but I am not a government employee. They are saying since salaried, I am exempt from overtime by Department of Labor Laws, and Texas Laws. My employers are in trouble now because they compensate me after 40 hours. So now I am going to lose my job, and health insurance. Thank you.

Posted by
wayne alexander moorefield
on
what steps do i take if my employer took out time for breaks i never received or consented to? who do i contact. is this a Fair Labor Standard Act issue?

Posted by
Texas
on
Employer discrimination and breach of contract.

Posted by
Texas
on
Money deducted from my check was never put into my 401k and HSA or Aflac.

Posted by
Texas
on
Employees do not receive the "18% gratuities" that are added to every check for the restaurant.

Posted by
Texas
on
I was fired and they are refusing to pay me what I'm owed for the last three jobs I did.

Posted by
Texas
on
My employer terminated me for missing work for a doctor's appointment. The appointment was for migraines, a condition which was made worse by the employer who was working me 7 am to 10 pm, 7 days a week. In addition to that, my employer lied to the Texas Workforce Commission and I was denied unemployment benefits bassed on false information. This has caused extreme hardship on me. At this point it's cost me about $1,400 and counting. I have an appeal set for Feb 3.

Posted by
Texas
on
My former employer has a pattern of creating an environment of sexual harassment, discrimination, and wage irregularities, and then fired me after I took time off to recover from an injury.

Posted by
Texas
on
I was fired from my job and I accumulated 16 hrs PTO and I was not paid for those hours.

Posted by
Texas
on
My employer gives me an ultimatum. I either drop everything I've had planned after receiving a set schedule or I won't get my hours that we had agreed on due to my financial state. I am required to work a minimum of 25 hours a week for my daycare and to survive. I've been told I'm going to be moved to full-time and they lie.

Posted by
Texas
on
I requested a leave of absence due to some family issues I had to take care of. Both my supervisor and HR denied my request and said they would work with me if I provided documentation. That's exactly what I did and they fired me anyway for my attendance. I read up on the FMLA and I think that I qualified.

Posted by
Texas
on
My employer terminated me when I put in my two weeks notice. My employer owes me unpaid wages since I was salary and was never allowed to use my PTO. The employer said I could only use it for closed holidays such as Christmas. My employer would go back and forth paying me either salary or hourly. It was never consistent. They also had me do hard manual labor that was not in my job description. They are also an unsanitary medical practice. My employer discriminated against me to not let me fulfill my two weeks when they let other employees finish their two weeks because they were upset with me for wanting to leave. My employer told me that I was not owed my full paycheck, remaining PTO or my two weeks’ notice and that I was terminated.

Posted by
Texas
on
Worked for a month at 100 hours a week and was never compensated... Think company went bankrupt.

Posted by
Texas
on
I work for an Assisted Living Facility. We care for the elderly and we work 12-hour shifts with a lunch. One week we work 34.25 hours and the next we work 45.75. Are we entitled to overtime pay? Is it calculated by the number of employees? It's six employees. I asked my employer and she said no because we get paid bi-weekly, but I thought overtime was calculated weekly?

Posted by
California
on
I have 2 contracts, one for the year 2012, one for the year 2013, which have not been paid. Actually, I have collected a fraction of the $120,000 that the 2 contracts amount to. There is also hardware that I sold to the company that was never paid...

Posted by
Texas
on
Violation of pay/keeping me working from home and keeping my commission pay out of retaliation for medical leave.

Posted by
Texas
on
Was not paid my full commission that was earned.

Posted by
Anonymous
on
In Texas, August and over 100 degrees outdoor. Working as a Sports Photographer, we were required to set up our work areas, prior to each shoot, on-site, at the playing fields. This would consist of 3 large tents, covered tarp areas, several tables, viewing monitors and camera equipment. Half way through this particular set up, I started feeling weird and I told my supervisor. He made a sarcastic comment and we continued working. A little while later I noticed my thoughts were simplifying and I began to worry. I told my supervisor that I thought I was getting too hot and something was wrong. Another sarcastic comment followed and he kept working. We were short-handed that day and were always under pressure to work quickly from the owner of the company. After a few minutes longer, I just started to panic, walked up to my supervisor again but this time I couldn't speak. He was asking me questions and I was trying to respond but my body was shutting down. All I could do was cry and they lowered me to the ground and started putting ice packs on me. I remember, a nurse that was at the event, came to assist. She was asking me questions but I couldn't answer her. I recall getting frustrated when she was asking my age and when I couldn't tell her, she would try to guess. She was wrong three times. She kept guessing older and I was trying to force my words out to correct her, but couldn't, for the life of me. I finally was able to lift my hand up, and show her using my fingers, lol. She took my pulse and it was 53 bpm. The ambulance arrived and helped me. I was dehydrated and having a panic attack. They asked if I wanted to go to the hospital, I said No, no insurance. So we stayed inside the Ambulance until I was dehydrated and it was safe for me to be released. It was weird, I kept blurting out random comments to the EMTs and muttering nonsense, like talking to myself outside. My words seemed juvenile and I was embarrassed by this. Once released, I located by boss who informed me that I was no longer needed because I could have cost him the account we were working on. I had to insist that he owed me wages on the two hours that I had worked on setting up, before I got sick. He didn't feel like he owed me anything. He was a real jerk. Prior to this, I had gotten nothing but excellent feedback on my work from him. This sucked. I loved that job.

ADD YOUR COMMENT ON THIS ISSUE

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.

Request Texas Employment Law Legal Help

First name:

Last name:

Email address:

Phone number(s):

Zip/Postal Code:

Describe your complaint:

By submitting this form I agree to the Terms of Service.
There is no cost to submit this form.
I would like to be interviewed by a journalist.
Subscribe to our free weekly newsletter.

Check Claim Status Advertise with us Legal Funding


Related Lawsuits

Legal Services:

Facebook



 
FAQ | TOS | Privacy | Disclaimer | About Us | Contact Us | Press | Advertise | Member Login | Site Map | View Mobile Website

American Bar Association - Proud Member   Better Business Bureau   CAALA   Best of the Web Approved   Public Justice


This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License © 2001-2017 Online Legal Media. All rights reserved.


Visit other Online Legal Media Websites:

BigClassAction.comCALaborLawNews.com
OnlineLegalMarketing.comHealthEffectsOfAsbestos.com
Get Legal Help