Skip to content
All posts

What are the employment laws in Texas and what should I know as an employer?

As an employer in Texas, there are a number of important employment laws to be aware of. Below are some key points to keep in mind:

  1. Employment discrimination: It is illegal in Texas to discriminate against employees or job applicants based on their race, color, national origin, sex, religion, age, or disability. This includes discrimination in hiring, promotions, and access to training opportunities. Employers also cannot retaliate against employees who report discrimination or file a complaint.
  2. Harassment: Texas law prohibits workplace harassment based on the same protected characteristics as discrimination, as well as sexual harassment. Employers have a duty to prevent and address harassment by supervisors or coworkers.
  3. Wage and hour laws: Texas follows the federal Fair Labor Standards Act, which sets minimum wage and overtime requirements for most employees. Currently, the minimum wage in Texas is $7.25 per hour, and non-exempt employees must be paid overtime at 1.5 times their regular rate for all hours worked over 40 in a workweek.
  4. Workers' compensation: In Texas, employers are not required to carry workers' compensation insurance. However, if an employer chooses not to carry it, they can still be held liable for workplace injuries and illnesses through a lawsuit.
  5. Meal and rest breaks: Texas does not have any laws requiring employers to provide meal or rest breaks, but if they do provide breaks, they must be paid if they are less than 20 minutes in length.
  6. Family and medical leave: Texas does not have a state law requiring employers to provide family and medical leave for employees. However, the federal Family and Medical Leave Act applies to all employers with at least 50 employees, and provides eligible employees with up to 12 weeks of unpaid leave for certain reasons, such as caring for a newborn or adopted child, caring for a seriously ill family member, or recovering from a serious health condition.
  7. Immigration laws: Employers in Texas must comply with federal immigration laws and verify the employment eligibility of all employees using Form I-9.
  8. Records retention: Texas employers are required to maintain certain employment records for a specified period of time, including employee personnel files, payroll records, and tax information.

It's important for employers to stay up-to-date on changes to employment laws and regulations at both the federal and state level. If you have specific questions or concerns about your rights and obligations as an employer in Texas, it's best to consult with an experienced employment law attorney.