Every Texas employer is legally obligated to ensure a fair, supportive, and reasonably safe environment for their workforce. Employers must comply with both state and federal labor laws that prohibit discrimination, unpaid labor, and other unlawful employment practices.
Establishing clear policies and procedures is essential for maintaining a compliant and professional workplace. If you’re unsure whether your current practices meet legal standards, an employment lawyer can assist. Ultimately, it is the employer’s responsibility to develop, document, and implement workplace policies that align with applicable labor laws and reflect the specific needs of their business.
Ensure your business stays compliant with Texas employment laws—partner with The Galo Law Firm to develop and implement effective workplace policies.To schedule a consultation, call (210) 851-9149.
Key Aspects of Texas Workplace Policies
There are many distinct labor laws throughout Texas that support the rights of Texas workers and provide employers with the tools to stay compliant. The Texas Workforce Commission recommends that every important policy in every workplace in the state be written and documented in an employee handbook, and this should be easily accessible by employees.
It is vital to your continued success in a Texas workplace that you understand the key aspects of Texas workplace policies and how they will impact you. Some of them may not, but many of them almost certainly will. The following are some of the more common aspects of workplace policy and compliance in the state of Texas:
Minimum Wage and Overtime
The minimum wage in Texas is currently $7.25 per hour, which follows federal minimum wage guidelines. Every employer in the state must pay hourly employees at least that much.
Additionally, Texas labor laws require that overtime pay be required for non-exempt employees who end up working more than 40 hours in a single workweek. The standard overtime rate is one and a half times the employee’s regular hourly rate.
It’s important to note that some employees are exempt from overtime. If employers fail to pay their employees their required overtime, they could face serious legal issues. An employment lawyer could help employers determine the right course of action in such a case.
Anti-Discriminatory Practices
The Texas Commission on Human Rights Act (TCHRA), as well as federal anti-discrimination legislation, makes it illegal for any workplace to discriminate based on an employee’s protected characteristics.
These traits include race, age, skin color, gender identity, sexual orientation, religion, national origin, disability, genetic information, and pregnancy. The TCHRA applies to every employer in the state that employs at least 15 people.
Workplace Safety
Every employer in the country is required to comply with the standards set forth by the Occupational Safety and Health Administration (OSHA). Texas employers are no exception to OSHA compliance. Texas employers are responsible for identifying and correcting potential safety hazards to ensure a workplace environment that complies with OSHA standards and protects all employees.
While some workplaces will inherently be safer than others, such as an office job being safer than a construction job, the general safety of Texas workplaces falls under the employer’s responsibility to consistently maintain.
At-Will Employment
Texas is an at-will employment state. This means that employers do not need to provide employees with cause or justification if they wish to terminate their employment. Essentially, employers can fire employees anytime they want, without cause or notice.
While employees also have the right to leave their jobs without cause or notice, employers must remain aware of the legal exceptions to at-will employment. Firing an employee under certain conditions, such as for discriminatory or retaliatory reasons, can result in a wrongful termination claim.
Meal and Rest Breaks
While no Texas state law requires employers to provide meal or rest breaks for their employees, there is a very clear federal law that does. Texas employers are required to adhere to the Fair Labor Standards Act (FLSA), which governs employer obligations regarding rest and meal breaks. It is commonplace for Texas workers to be provided with at least a 30-minute meal break and two 15-minute rest periods. Employers may establish specific break times at their discretion.
Prohibited Actions in Texas Workplaces
While there are many different behaviors and policies that Texas employers are required to enact for their employees, there are also many actions that are prohibited under state and federal labor laws. As an employer, you should review your company’s practices to ensure that nobody in your company is engaging in any of the following behaviors:
Discrimination
First and foremost, discrimination is illegal in the workplace, as it leads to mistreatment of employees and a hostile work environment. Employees cannot be discriminated against based on their protected class. If they are, they may have grounds for a discrimination claim against their employer.
Retaliation
When an employee learns that their employer is engaged in inappropriate, immoral, or illegal behavior, they may decide to report that behavior to the proper authorities. If that happens, it is illegal for the employer to then retaliate against that employee in any way. Retaliation can take the form of termination, docking pay, demotion, or fostering a hostile work environment. If someone in your company is engaging in retaliatory actions, you should consult an employment lawyer to help you.
Wrongful Termination
While Texas is an at-will employment state, there are various exceptions. If these rules are broken, the terminating employer may open themselves up to a possible wrongful termination case. Employers cannot fire employees because of a protected class, out of retaliation, or because they refuse to commit a crime for the company.
Reach Out to an Employment Lawyer Today
It’s important to understand the full scope of Texas workplace policies and compliance. Failing to comply with Texas workplace policies can expose your business to costly legal disputes. Understanding your obligations as an employer is key to minimizing risk and maintaining a legally compliant operation.
The legal team at The Galo Law Firm can provide you with everything you need to succeed as a Texas employer. We can help you put together a solid case if need be, gather evidence that supports your position, and ensure that you are not in violation of certain workplace policies.
Reach out to us at 210-764-6135 or contact us online to speak to an attorney about your case.