State of Texas Employment Laws
- Chapter 62 of the Texas Labor Code, the Texas Minimum Wage Act, requires employers to pay workers the state minimum wage, which was $7.25 as of January 2011. Texas' minimum wage is set at the same rate as the federal minimum wage rate. Employees and employers are permitted to bargain collectively to set higher wage rate levels. Some entities, like farmers, religious organizations and residents that hire domestic workers, are exempt from the state's minimum wage laws. If an employee resigns or is terminated, he is given up to two years to file a lawsuit against his previous employer to collect monies that were due him but not paid, whether those monies are related to minimum wage, bonuses or commissions. Employers who break the Texas Minimum Wage Act laws are liable for court costs and attorney's fees related to cases that are brought against them.
- Youth between the ages of 14 and 15 years cannot work more than eight hours a day or 48 hours in a single week per the Texas Child Labor Law. They are not allowed to work between 10:00 p.m. and 5:00 a.m. when school is in session or between midnight and 5:00 a.m. when school is not in session. Teens younger than 18 years old are not allowed to work as solicitors (e.g., selling goods or services) unless they are working with their parents or legal guardians. Working in mines, manufacturing jobs or jobs that require operating a motor vehicle are jobs that 14- and 15-year-olds are prohibited from performing. Older teens, 16- and 17-year-olds, are not allowed to work on railways, pipelines or in construction. Employers found in violation of state child labor laws could receive up to $10,000 in fines and penalties.
- According to the Texas Payday Law, Chapter 61 of the Texas Labor Code, workers, except close relatives and independent contractors, who perform services for pay are considered employees. Workers exempt from overtime (e.g., senior managers) must receive wages at least once a month. Employers that do not establish set paydays must pay their workers on the first and 15th of each month. Upon termination, employees must receive wages for time they worked within six days of their last day worked. Penalties in the amount of $1,000 or the total amount of wages an employee was due but not paid, are assessed to employers guilty of not complying with the Payday Law.
- In accordance with Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code, employers can only require employees to speak only English while they are at work if the job requires them to do so. Managers must communicate the requirement to employees and let employees know the consequences of not following the rule. It is illegal to discriminate (e.g., not hire, fire) prospective employees based on their age, gender, race, color, ethnicity, religion, disability, culture or national origin. Employers are also not permitted to harass employees based on the above identifiers. Failure to comply with the laws could result in legal fees, court costs and fines.