Our employment law practice includes advice and/or litigation involving the following areas:
- Affirmative Action
- Age Discrimination in Employment Act
- Alternative Dispute Resolution
- Americans with Disabilities Act
- Arbitration
- Background Investigations
- Civil Rights
- COBRA
- Compensation
- Disabilities
- Diversity in the Workplace
- Drugs and Alcohol in the Workplace
- Employee Benefits
- Employee Privacy Rights
- Employment Contracts
- Equal Employment Opportunity
- ERISA
- Family and Medical Leave Act
- Fair Labor Standards Act (FLSA)
- Handbooks
- Harassment Claims and Investigations
- Internet-Based Training
- Independent Contractor Issues
- Live Training Programs
- Management Training Seminars
- Mediation
- Non-Compete Agreements
- Occupational Safety and Health Law
- Personnel Policies
- Retaliation Claims
- Temporary Employees and Employee Leasing
- Title VII of the Civil Rights Act
- Unemployment Insurance Claims
- Unemployment and Disability Benefits
- Unfair Competition and Non-Compete Litigation
- Wage and Hour
- WARN Act
- Workers Compensation
- Workplace Violence Control Plans
- Wrongful Discharge Claims
Areas Related to Employment Law in Texas
Here are some of the common areas related to Texas employment law:
- Employment Discrimination — Both state and federal laws protect employees from being discriminated against because of their race, color, religion, national origin, gender, disability, genetic information, and age (which can happen in many different ways).
- Sexual Harassment — The Texas Labor Code and Title VII of the Civil Rights Act of 1964 prohibit this behavior. It can include many actions (such as inappropriate remarks, lewd gestures, memes, touching, and groping). It can even involve assault and rape.
- Hostile Work Environment — While sexual harassment is a common way to create a hostile work environment, it can be created in a number of ways. It can also be based on your race, national origin, religion, disability, age, sexual orientation, gender identity, pregnancy, or military service.
- Wrongful Termination — Because Texas follows the principles of “at-will employment,” employees can be terminated for any reason (or even no reason). But an employer can’t terminate someone for an illegal reason. The Americans with Disabilities Act and the Civil Rights Act of 1964 prohibit employers from terminating someone based on these criteria, but they also can’t fire someone if it violates their contract (whether it’s an employment agreement or a collective bargaining agreement).
- Retaliation — This occurs when an employer takes action against an employee for engaging in a protected activity (such as making discrimination complaints, getting involved in HR investigations related to discrimination, reporting workplace safety violations, or filing wage and hour claims).
- Unpaid Wages and Overtime — This can take the form of a wage and hour claim, but it can happen in many other ways (such as failing to pay minimum wage, wage theft, or not paying overtime). You may have worked 50 hours but only got paid for 35 hours. If you work more than 40 hours in a week, your employer is required to pay time and a half for the extra hours.
- Leave and Benefits — Workers who need time off from work due to family or medical reasons are allowed to do so. The Family and Medical Leave Act (FMLA) allows eligible workers of covered employers to take up to 12 weeks of leave for specific reasons (either all at once or in small blocks of time). You can also take FMLA leave to deal with your own serious medical condition, to take care of a family member (such as a child, parent, or spouse), or to go through the birth or adoption of a child.
Texas Labor Laws
Texas labor laws are meant to set the standards for minimum wage, the fair treatment of employees, and the environment in the workplace for both staff and management. They work with federal laws, and they cover issues related to the following:
- Overtime pay
- Meals and breaks
- Severance pay
- Pay periods
- Child labor
- Harassment
- Discrimination
There are many other issues that Texas employment laws address, so be sure to speak to a qualified attorney for more information.
Minimum Wage and Overtime Laws in the State of Texas
The minimum wage in the State of Texas is $7.25 an hour, which is the same as the current federal level. The Texas Minimum Wage Act has also imposed certain guidelines related to employees who aren’t exempt from this law. They must receive a written statement from their employer that provides more specific information about their pay, earnings, and any possible remedies listed under civil law if a violation has occurred.
Employers are prohibited from paying a wage that falls below the current federal level, and workers are allowed to bargain for higher pay. If employees make money from tips, they can be paid less than the federal minimum wage if it brings in enough money that’s equivalent to $7.25 an hour. But they must be paid at least $2.13 an hour. Texas has no specific laws related to the payment of overtime, but federal laws do apply (which requires 1.5 times of your regular pay). The Fair Labor Standards Act (FLSA) requires companies to pay overtime if their employees work more than 40 hours in a week. But if they fall within certain exceptions, they aren’t entitled to overtime pay.
Employers are required to pay at least on a monthly basis, but any company that chooses to pay bi-monthly are required to keep the amount of days as equal as possible. They must designate specific paydays that fall in accordance with state laws, or they must fall on the first and 15 of every month. If an employee hasn’t gotten paid on those days, they must receive their earnings as soon as possible.
Discrimination and Harassment Laws in the State of Texas
The Federal Civil Rights Act of 1964 prohibits any employer to discriminate on the basis of color, religion, gender, race, or national origin. And there are federal laws that don’t allow discrimination based on age, disability, or any other type of genetic information. Any company that has at least fifteen staff members are subject to the laws that are outlined in the Civil Rights Act, and any company with more than 20 employees are subject to the laws related to age discrimination. Employers are also prohibited from discriminating while an employee is at his or her workplace. This includes any of the following:
- Conducting interviews
- Making hiring decisions
- Offering promotions
- Offering compensation and benefit packages
- Layoffs or terminations
- Disciplinary actions
Texas has several laws that are specific to the state, which also deal with the discrimination on what has been outlined above. They apply to any employers who have at least 15 people in their staff, and the Texas Workforce Commission has more information about these laws. If you feel that you have been subject to discrimination while you’re at work, Gale Law Group has a team of qualified attorneys who can help you with your case. Feel free to contact us if you want more information. We would be happy to speak with you!
Employment Law FAQ
If you’re employed in the State of Texas, you have rights, and with those rights come some responsibilities. Both of them make sure that work environments are safe and productive for everyone, but there are times when some type of issue arises. If your rights have been violated or if an employee doesn’t meet his or her obligations, you can take legal action so you can be compensated for any damages you may have suffered. In many cases, it’s all about understanding whether you have grounds to file a claim. Many people don’t because they’re afraid of losing their jobs, but it isn’t something you should worry about. You also have the right to be compensated if you have suffered any damages.
Here are some common questions people ask about Texas employment law.
Texas labor laws set the standards for minimum wage, the fair treatment of employees, and the workplace environment for both staff and management. They also work in conjunction with federal labor laws — both of which deal with issues related to the following:
– Overtime pay.
– Meals and breaks.
– Severance pay.
– Pay periods.
– Child labor.
– Harassment.
– Discrimination.
Texas employment law deals with a number of other issues, so be sure to speak to a qualified attorney for more information.
The minimum wage in the State of Texas is the same as the current federal level, which is $7.25 an hour. The Texas Minimum Wage Act also doesn’t have any guidelines about employees who are exempt from this law. They must get a written statement from their employer with more specific information about their pay, earnings, and any possible solutions listed under civil law if a violation has occurred.
Employers aren’t allowed to pay a wage that’s below the current federal law, and workers are allowed to bargain for higher pay. If employees make money from tips, they can be paid less than the federal minimum wage if they earn enough money to meet the federal standard of $7.25 an hour, but they must be paid at least $2.13 an hour.
Texas has no specific law related to overtime pay, but federal laws require employers to pay 1.5 times of your regular pay (referred to as “time and a half”). The Fair Labor Standards Act (FLSA) requires companies to pay overtime if their employees work more than 40 hours in a week, but they’re not entitled to overtime pay if they fall within certain exceptions.
Employers are required to pay at least on a monthly basis, but any company that decides to pay bi-weekly is required to keep the amount of days as equal as possible. They need to designate specific paydays that are in accordance with state laws, or they must pay on the first and 15th of every month. If employees haven’t gotten paid on those days, employers must send them their earnings as soon as possible.
The Federal Civil Rights Act of 1964 doesn’t allow any employer to discriminate based on the following:
– Skin color.
– Religion.
– Gender.
– Race.
– National origin.
There are also federal laws that don’t allow them to discriminate based on age, disability, or any other type of genetic information. Any company with at least fifteen staff members are subject to any laws that are outlined in the Civil Rights Act, and any company with more than 20 employees are subject to any laws related to age discrimination.
Employers are also not allowed to discriminate against employees while they’re at his or her workplace. This includes any of the following:
– Conducting interviews.
– Making hiring decisions.
– Offering promotions.
– Offering compensation and benefit packages.
– Layoffs or terminations.
– Disciplinary actions.
Be sure to speak to a qualified attorney for more information.
The Family and Medical Leave Act (FLMA) is a federal law that any employer with more than 50 employees is required to abide by. Under this act, they must give qualified employees family or medical leave in certain circumstances. They must also give them up to 12 weeks of unpaid leave in a 12-month period. The circumstances listed under the FLMA include the following:
– The birth or adoption of a child.
– Caring for a spouse, child, or parent who is seriously ill.
– Employees who need medical treatment for a serious illness.
If you’re looking for a employment lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.