In the rapidly evolving world of employment law, being up-to-date is not just a luxury—it’s a necessity. This is especially true in the great state of Texas, where the unique intersection of federal, state, and local regulations creates a dynamic, challenging landscape that every legal professional must navigate with accuracy and skill. The blog provides an essential guide to understanding these complex laws. Whether you’re an experienced lawyer looking to stay current, or a recent law graduate seeking to specialize in employment law, this post will arm you with the key insights that shape Texas’ legal workplace environment.
Common Workplace Regulations
- Wage Laws: In Texas, wage laws primarily revolve around the federal minimum wage outlined in the Fair Labor Standards Act (FLSA). As of 2009, the federal minimum wage is $7.25 per hour.
- Part-time and Full-time: Texas law does not distinguish between full-time and part-time employment in the sense of imposing different regulations or protections. Instead, the classification as full-time or part-time, and the benefits thereof, generally depend on company policy. However, the Affordable Care Act does require large employers to offer health insurance to employees working 30 or more hours per week on average.
- Overtime: Texas follows federal laws with respect to overtime. Under the FLSA, any non-exempt employees who work over 40 hours in a workweek are entitled to overtime pay at a rate of one and a half times their usual rate.
- Lunch Breaks: Texas does not require employers to provide meals or rest breaks. However, if an employer chooses to do so, federal law states that breaks of up to 20 minutes must be paid, while bona fide meal periods (typically 30 minutes or more) do not need to be compensated.
- Time-off: In terms of paid time off such as vacation days or sick leave, Texas law doesn’t mandate employers to offer this benefit. However, if an employer chooses to provide such benefits, they must comply with their established policy or employment contract.
- Workday Length: There is no maximum workday length set out under Texas state law for adult employees, meaning an employee can work as many hours a day as mutually agreed with their employer. Federal law, particularly the FLSA, governs overtime requirements as noted above.
- Safety: Texas employers are obligated to provide a safe workplace as mandated by the federal Occupational Safety and Health Act (OSHA). This involves following all relevant safety regulations and maintaining a work environment that is free from recognized hazards.
Discrimination Laws
Understanding and implementing equal employment opportunity and anti-discrimination laws is fundamental to fair and just workplaces. These laws are designed to prevent unfair treatment on the basis of race, religion, color, sex (including gender identity, sexual orientation, and pregnancy), national origin, disability, age (40 or older), or genetic information.
- Federal laws: At the federal level, the Equal Employment Opportunity Commission (EEOC) enforces laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), as well as the Genetic Information Nondiscrimination Act (GINA). These laws apply to most employers with at least 15 employees (or 20 employees in the case of the ADEA).
- Texas laws: Texas further reinforces these protections with the Texas Labor Code’s Chapter 21, often referred to as the Texas Commission on Human Rights Act (TCHRA). It mirrors federal law but applies to employers with 15 or more employees for most types of discrimination, and just one employee for acts of sexual harassment.
- The TCHRA is expansive and covers nearly every aspect of employment including hiring, terminating, job assignments, pay, promotions, training, layoffs, fringe benefits, and any other term or condition of employment.
- Retaliation Prohibited: Both federal and Texas laws make it illegal to retaliate against an individual for filing a discrimination claim, participating in a lawsuit or investigation, or opposing discriminatory practices.
Employment discrimination laws are complex and evolving. Staying up-to-date with the latest judicial interpretations and changes in these laws is crucial for lawyers, to ensure their clients – be they employees or employers – are effectively represented and counseled.
Harassment Laws
Workplace harassment is a form of discrimination that violates several federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. In addition, state-level legislation in Texas provides further protection to employees.
- Defining Harassment: Harassment is defined as unwelcome conduct based on race, religion, color, sex (including pregnancy), age (40 or older), national origin, disability, or genetic information. Harassment in considered unlawful when enduring the inappropriate conduct becomes a requirement of continued employment or when the conduct is extreme or pervasive enough to develop a work environment that a reasonable person would find hostile, intimidating, or abusive.
- Sexual Harassment: Sexual harassment, a widespread type of workplace harassment, entails unwelcome sexual overtures, solicitations for sexual benefits, and other instances of verbal or physical harassment rooted in sexuality. Importantly, both the person subjected to the harassment and the individual engaging in the harassing behavior can be of any gender, and it’s possible for both parties to be of the same gender.
- Harassment by Non-Employees: It’s important to note that the law not only prohibits harassment by coworkers, supervisors, or managers, but also by non-employees such as customers, clients, or vendors if the employer knew or should have known about the harassment and failed to take prompt and appropriate corrective action.
- Texas Laws: Under Texas Labor Code’s Chapter 21 (TCHRA), it is illegal to harass a person because of race, color, disability, religion, national origin, age, or sex. Employers can be held liable for harassment by supervisors or higher-level personnel and, under certain circumstances, by co-workers and non-employees.
- Preventing Harassment: Employers should endeavor to prevent harassment before it occurs by establishing an effective complaint process, providing anti-harassment training to all employees, and taking immediate and appropriate action when an employee complains.
Harassment laws, like all aspects of employment law, can be complex. It is crucial for lawyers to be familiar with the current law and precedent to best counsel and represent their clients in these matters.
Wrongful Termination and Unemployment
Navigating the landscape of termination and unemployment laws is critical for attorneys dealing with employment law in Texas. Understanding wrongful termination and the rights of unemployed workers is key to offering sound advice and advocacy for your clients.
- At-Will Employment: Texas follows the “at-will” employment doctrine, which means that in general, either the employer or the employee can end the employment relationship at any time, for any reason, or for no reason at all, as long as it’s not for an illegal reason. However, there are important exceptions to this rule, and these exceptions form the basis of wrongful termination claims.
- Wrongful Termination: Although Texas is an at-will employment state, employers can’t terminate workers for reasons that violate federal or state laws. Wrongful termination claims may arise from situations such as termination due to discrimination, retaliation for reporting illegal activities (whistleblowing), or violating written or implied promises in an employment contract.
- Unemployment Benefits: The Texas Workforce Commission administers unemployment benefits, providing temporary income for eligible workers who lose their jobs through no fault of their own. To qualify, individuals must have worked in Texas during the past 12 to 18 months and have at least a minimum amount of wages as determined by state guidelines. They must also be able and available to work and actively seeking employment.
- Constructive Discharge: Constructive discharge, or constructive dismissal, is a situation where an employee resigns because the employer created a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. In Texas, these cases are challenging and fact-specific, but successful claims can lead to recovery of damages, similar to a wrongful termination lawsuit.
Child Labor
Child labor laws are essential in protecting the rights and well-being of youth workers. They regulate the age, hours, and types of work that children can engage in. In Texas, child labor laws are consistent with those provided at the federal level under the Fair Labor Standards Act (FLSA), with a few additional state-level restrictions.
- Minimum Age: As per FLSA, the minimum age for employment is 14 for most non-agricultural work. However, Texas law allows children as young as 11 to deliver newspapers and children under 14 to work in non-hazardous jobs with parental consent.
- Work Hours: For children aged 14 and 15, work hours are limited to outside school hours, no more than 3 hours on a school day, and no more than 18 hours in a school week. In a non-school week, they may work up to 8 hours per day and 40 hours per week. Furthermore, work must not begin before 7 a.m. or continue after 7 p.m., except from June 1st through Labor Day, when evening hours are extended to 9 p.m.
- Prohibited Jobs: Certain jobs are deemed too hazardous for minors under 18 by federal law. These include jobs like mining, excavation, meatpacking or processing, and any job involving the operation of heavy machinery, among others.
- Work Permits: Unlike some states, Texas does not require work permits for minors. However, employers are required to verify the age of their minor employees.
- Exceptions: Texas law provides some exceptions to child labor law. These exceptions include employment in the entertainment industry, domestic work, casual babysitting, and work performed under a school-supervised and school-administered work-study program.
Whistleblower Complaints
A critical aspect of employment law in Texas pertains to the protections offered to whistleblowers—employees who report violations of law by their employer to an appropriate law enforcement authority. These protections aim to encourage employees to report wrongdoing without fear of retaliation.
- Whistleblower Protection Act: Texas has a specific statute, the Texas Whistleblower Act, which protects public employees that make good faith reports of violations of law by their employer to an appropriate law enforcement authority. The Whistleblower Act forbids public employers from suspending, firing, or otherwise discriminating against an employee for such a report.
- Protected Activity: The Texas Whistleblower Act protects only those who make a report in “good faith,” meaning the employee had reasonable cause to believe the employer was violating the law, and who report to an “appropriate law enforcement authority,” which means an authority that the employee believes is capable of regulating, enforcing, or investigating the violation.
- Retaliation: It’s important to note that whistleblowers are protected not just from termination, but also from any adverse employment action that could deter a reasonable person from reporting, which could include demotion, salary reduction, negative evaluations, or change in job duties.
- Private Sector Whistleblower Protections: While the Texas Whistleblower Act is specific to public employees, several federal laws, such as the Sarbanes-Oxley Act or the Occupational Safety and Health Act, provide whistleblower protections for employees in the private sector who report various types of violations. Moreover, the Texas Workforce Commission recognizes a limited public policy exception to the at-will employment doctrine for private sector employees who refuse to perform an illegal act or who report a violation of law to an appropriate law enforcement authority.
Whistleblower complaints can be complex and time-sensitive. Lawyers working in employment law must be thoroughly familiar with the intricate and multifaceted regulations at both the state and federal level to navigate these challenges effectively and safeguard the rights of their clients. It’s recommended that anyone involved in a potential whistleblower situation seek the advice of an experienced attorney.
Whether it’s wage laws, discrimination, harassment, termination issues, child labor, or whistleblower complaints, the complexity of these regulations demands professional legal expertise. Staying up-to-date and navigating these complexities is crucial for every attorney to ensure that their clients’ rights are upheld and legal obligations met. At Momentum Search Partners, we are dedicated to helping legal professionals and firms find the perfect fit. With our deep understanding of the industry and extensive network, we can connect you with opportunities or talent that match your specific needs and goals. Reach out to us today to keep the momentum in your legal career or practice. The vast, dynamic field of Texas employment law awaits.