Here is a comprehensive guide to various issues that workers, employers, and freelancers in Texas may encounter in the course of their work. Texas labor law involves a complex network of rights and responsibilities that everyone in the workforce should be aware of when navigating their professional life. Our page provides a quick overview of the key issues most relevant to Texas workers.
Worker’s Rights in Texas
In Texas, workers are protected under a comprehensive set of labor laws that ensure fair treatment in the workplace. These laws address key aspects of employment, including minimum wage, overtime, discrimination-free workplace policies, and safety and health regulations. However, Texas does not require employers to provide paid sick leave, work breaks, or vacation days, leaving these benefits largely at the discretion of the employer.
Minimum Wage
The Texas Minimum Wage Act ensures fair compensation for workers by adopting the federal minimum wage, currently set at $7.25 per hour. All non-exempt employees in Texas are entitled to receive at least this wage for every hour worked. The Act also allows employees to engage in collective bargaining with their employers to negotiate higher wages. Additionally, employers are required to provide a written earnings statement with sufficient details for employees to verify that they were paid correctly during the pay period. The primary exemption from the Texas Minimum Wage Act applies to individuals covered by the federal Fair Labor Standards Act (FLSA). To support compliance and fair treatment, the Texas Workforce Commission offers resources and information about the state’s minimum wage requirements.
Sick & Safe Leave
Texas does not mandate that private employers provide paid sick leave, leaving such policies largely at the discretion of the employer. However, many employers in the state choose to include paid sick leave as part of their benefits package, typically detailed in the employee handbook. If an employer offers paid sick leave in a written policy or agreement, it becomes an enforceable part of the wage agreement under the Texas Payday Law. For eligible employees, the federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons, which can include serious health conditions.
Overtime
In Texas, overtime laws are governed by the federal Fair Labor Standards Act (FLSA). Non-exempt employees must be paid 1.5 times their regular rate for hours worked over 40 in a workweek. Certain employees, such as those in executive, administrative, and professional roles, may be exempt from overtime pay if they meet specific job duties and salary criteria. The salary threshold for exemption is currently at least $844 per week.
Discrimination-Free Workplace
In Texas, workplace discrimination laws are governed by both federal and state regulations. Federal law prohibits discrimination against employees or job applicants based on race, color, religion, sex, national origin, disability, or age. The Texas Labor Code further protects employees by prohibiting retaliation for filing discrimination complaints or participating in investigations. The Texas Workforce Commission (TWC) enforces these state discrimination laws and addresses related complaints.
Work Breaks & Days of Rest
Neither Texas law nor federal law mandates that employers provide meal or rest breaks. However, if breaks are offered, federal regulations require that breaks lasting 20 minutes or less be paid. Meal breaks of 30 minutes or more can be unpaid, as long as the employee is fully relieved of duties during that time. The only legally required break is for nursing mothers: employers must provide reasonable break time and a private space to express milk as needed for up to one year after the child’s birth. This is the only type of break required under the law.
Safety & Health in the Workplace
The Occupational Safety and Health Administration (OSHA) establishes and enforces federal workplace safety and health standards. Employers are required to adhere to OSHA regulations, which include providing appropriate training, equipment, and procedures to safeguard employees from hazards. In addition to federal oversight, Texas operates its own Occupational Safety and Health Program through the Texas Department of Insurance, Division of Workers’ Compensation (DWC). The DWC offers resources and assistance to employers, employees, insurance companies, and their policyholders to help crate safer workplaces across Texas.
Military Employees
Texas law aligns with the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law that protects military members’ employment rights. USERRA requires employers to hold positions for employees on military duty. Additionally, Texas provides further protections to ensure that military service members and veterans are treated fairly and can maintain their employment rights while on duty, without facing discrimination due to their military service or obligations.
Fast Food Workers
There are no specific Texas laws uniquely targeting fast food workers, however, general labor laws apply to protect their rights and ensure fair working conditions.
Domestic Workers
Domestic employment involves services performed in private homes, such as those by nannies, housekeepers, and gardeners, and not for home-based businesses. Domestic employees typically work for individuals or sole proprietors in a home. In some cases, wages for domestic workers are paid by an entity, such as a trust. Employers are liable to pay unemployment taxes if they pay $1,000 or more in a calendar quarter for domestic work pursuant to the Texas Unemployment Compensation Act. Once they are liable, they must report and pay taxes on all wages for the entire year.
Immigrant Workers
In Texas, immigrant workers have the same workplace rights and protections as other employees, regardless of their immigration status. Employers are not allowed to discriminate based on immigration status and must adhere to both state and federal employment laws.
Child Labor
Child Labor Laws in Texas protect workers under 18 by ensuring their jobs do not jeopardize their safety, health, or education. The Texas Workforce Commission (TWC) details what types of jobs are prohibited for minors such as work in the mining industry or jobs involving power-driven machinery. The TWC also retains the right to inspect businesses to ensure compliance and investigate violations.
Apparel Industry Workers
There are no specific Texas laws uniquely targeting Apparel Industry Workers, however, general labor laws apply to protect their rights and ensure fair working conditions.
Freelancers
In Texas, freelancers are classified as independent contractors, not employees, which affects their rights and responsibilities. Independent contractors are self-employed, manage their own taxes and expenses, and operate independently of employer control. The Texas Workforce Commission (TWC) provides specific criteria to help determine whether a worker qualifies as an independent contractor, guiding employers on the applicable rights and responsibilities.
Possible Penalties For Businesses Violating Texas Labor Laws
Businesses that violate Texas labor laws may face various penalties depending on the nature and severity of the infraction. These can include fines from state or federal agencies, such as the Texas Workforce Commission (TWC) or the U.S. Department of Labor (DOL), for issues like unpaid minimum wage, overtime, or improper wage withholding. Additionally, employees have the right to file lawsuits against employers for labor law violations, seeking compensation and justice for their grievances.
Contact an Experienced Texas Employment Attorney Today
If you have questions about your rights as a worker in Texas or need assistance with a labor law issue, speak with a member of our team for next steps.
Contributions to this blog by Kennedy McKinney.
