Frequently Asked Questions about Texas Labor and Employment Law

If you plan to work in Texas, there are certain state laws and federal laws that protect your legal rights in the workplace. At Daic Law, we are commonly asked about these laws and how they really affect workers. Here are some of the most common questions, and our answers to help Texas workers.

Q: What is minimum wage?

A: Federal law defines minimum wage at $7.25 per hour.

Q: What is the Fair Labor Standards Act?

A: The FLSA is a federal law that stipulates minimum wage, overtime pay, record keeping, child labor, the Equal Pay Act, and other related areas of labor and employment law.

Q: What is the Texas Payday Law?

A: The Texas Payday Law is a state law mandating Texas employers must pay employees on a regular scheduled basis, and must pay them in full. This law is enforced by the Texas Workforce Commission Payday Law Unit. This law also mandates that employers cannot deduct monies from a paycheck without written authorization from the employee, and gives instructions for paying employees who quit or are terminated.

Q: Are Texas employers required to hire individuals with disabilities?

A: According to the Americans with Disabilities Act (ADA), any employer with greater than 15 employees must comply with the provisions in the ADA. That includes not asking an applicant about his or her medical condition, previous injuries, previous workers’ compensation claims, or previous or current disabilities. Employers are not legally required to hire an individual with disabilities, however, there are tax incentives and credits available to businesses who choose to integrate individuals with disabilities into the workforce.

Q: What is the Family and Medical Leave Act?

A: The FMLA is a federal law that must be complied with by any employer with more than 50 employees. Under the FMLA, employers must provide emergency family or medical leave (12 weeks unpaid leave in a 12 month period) to qualifying employees in the following circumstances:

  • Birth or adoption of a child
  • Caring for a seriously ill spouse, child, or parent
  • Employee who requires medical treatment for serious illness

Q: What is the Military Family Leave Law?

A: The Military Family Leave Law is a special part of the FMLA that provides certain leave rights to military families. Under this law, employees are granted up to 12 weeks of leave for “any qualifying exigency” based on a spouse, child, or parent on active duty, or called to active duty. Also, up to 26 weeks of leave may be granted to employees whose spouse, child, parent, or next of kin is seriously injured or becomes ill in the line of duty.

Q: Who should I contact about a labor and employment law issue?

A: Depending on where you work, you may have access to a human resources office, which is a great source of information about company policies. Because labor and employment law is a very specific area of law, it is often best to contact an attorney to review your situation and determine your specific legal rights and obligations.

Contact labor and employment attorney Megan Daic today to learn more about your rights and how to protect them. Call us at (713) 808-5246 or fill out our online form to get started.

Sources

http://www.wrksolutions.com/frequently-asked-questions

http://webapps.dol.gov/dolfaq/

http://www.twc.state.tx.us/jobseekers/employee-rights-laws

http://research.lawyers.com/texas/employment-law-in-texas.html