Texas Labor Laws

You should never feel unsafe at work, but unfortunately many Texas employers subject their employees to unfair and illegal working conditions. These labor violations can have far-reaching consequences for the victim, from lost wages to missed opportunities for advancement.

Fortunately, Texas workers are protected by both federal and state labor laws. If your employer fails to adhere to these laws, you have the right to take action.

The labor and employment attorneys at Morgan & Morgan are experienced in filing lawsuits over all kinds of unethical and unlawful labor practices. In fact, our firm has been recognized for filing more labor and employment cases than any other law firm in the country.

If you believe you may have been the victim of unfair or illegal treatment in the workplace, our attorneys may be able to help. Below we provide a brief overview of Texas labor laws you should be aware of.

What Is Wrongful Termination?

Texas is an “at-will” state, meaning employers can terminate employees at any time without reason, explanation, or warning. Even so, there are circumstances which may constitute wrongful termination. You may be able to sue if:

  • You were fired because of your race, color, religion, gender, age, national origin, disability, or citizenship
  • You were fired for filing a discrimination complaint
  • You were fired for filing a workers’ compensation claim
  • You were fired for bringing suspected wrongdoing to state or federal authorities
  • You were fired because you refused to do something illegal for your employer

What Constitutes Workplace Discrimination in Texas?

Discrimination laws make it illegal for employers to treat employees and applicants differently based on immutable characteristics. Federal law prohibits discriminating against someone because of their race, color, religion, sex, national origin, age, disability, citizenship status, or genetic information. The Texas Commission on Human Rights Act (TCHRA) affords many of these same protections.

Workplace discrimination can take many forms. You may have been a victim if:

  • An employer refused to hire you based on your skin color
  • You were passed over for a promotion because of your gender
  • You were not given equal opportunity for training or advancement because of your religious affiliation
  • You were screened out of the hiring process because you have a disability

What Is Harassment in the Workplace?

When workers are subjected to unwelcome action or statements based on protected traits (such as sex and race), it may constitute workplace harassment. Examples of harassment may include:

  • Telling sexual or vulgar jokes
  • Making comments about a coworker’s appearance
  • Using racial slurs
  • Making negative comments about an employee’s religious beliefs
  • Remarking about a coworker’s sexual orientation

In addition, workplace harassment can take the form of quid pro quo harassment. This occurs when an authority figure offers or hints at giving something to an employee, such as a bonus or promotion, in exchange for satisfying a sexual demand. It can also occur if a person’s employment status hinges on complying with the demand. 

What Are Overtime & Wage Violations?

Under the Fair Labor Standards Act (FLSA), workers have the right to earn a minimum wage of $7.25/hour as of 2020. In addition, under FLSA, Texas employers are required to pay employees overtime, at a rate of time and a half, for all hours worked above 40 in a week. However, not every employee is entitled to overtime – some are exempt because they are salaried and earn above a certain threshold.

Despite these laws, many employers seek to cut costs through unethical and deceitful practices, such as:

  • Paying workers less than the minimum wage
  • Giving “comp time” to be used toward vacation or sick time rather than overtime pay
  • Misclassifying workers who should be paid overtime as exempt
  • Forcing workers to pool their tips with non-tipped workers

What Are the Laws Regarding Time Off in Texas?

Some employers offer paid leave and sick days, but these benefits are discretionary in Texas. However, employers may be required to provide unpaid leave for various reasons, including:

  • Family and Medical Leave: Under the Family and Medical Leave Act (FMLA), employees may receive up to 12 weeks of unpaid leave without jeopardizing their job status for various family and individual medical situations.
  • Military Leave: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members have the right to fairness in their civilian careers, prompt reinstatement to their former position, and freedom from discrimination based on their service.

How Can I Contact a Texas Labor & Employment Attorney?

As you can see, there are many different federal and state laws designed to protect employees in Texas. In addition to the laws listed above, our attorneys handle cases involving defamation of character, employer retaliation, executive pay, and more.

If you believe you may have been treated improperly by an employer or another employee, schedule a free consultation. It costs nothing to get started, and we get paid only if your case is successful. Contact us now.

Reviews

Review
" They really care, know what they are doing and treat you as though you are their only client! "

~ Robert

Insurance Offer$200,000
turned into
What we got $1,200,000
Review
" Made this difficult legal matter as painless as possible and helped lead us to victory. "

~ Catherine

Insurance Offer$60,000
turned into
What we got $1,050,000
Review
" Outstanding firm that has their clients interest at heart. "

~ Derrick

Insurance Offer$200,000
turned into
What we got $3,500,000
Review
" They really set the bar high...I highly recommend. "

~ Carole

Insurance Offer$5,000
turned into
What we got $2,000,000
Review
" They made everything hassle free, which is exactly what I needed in my busy life. "

~ Smith

Insurance Offer$5,000
turned into
What we got $367,000
Review
" Helped me every step of the way! "

~ Pappadakis

Insurance Offer$100,000
turned into
What we got $2,602,150

Offices near You

Panama City
1022 W. 23rd St., Suite 630 32405
Bradenton
101 Riverfront Blvd, Suite 600 34205
Orlando
4495 South Semoran Boulevard, 32807
Orlando
5801 West Colonial, 32808
Macon
500A Northside Crossing, Suite 9 31210
Charleston
170 Meeting Street, Suite 110 29401
Brunswick
777 Gloucester Street, Suite 400 31520
Lakeland
402 South Kentucky Avenue, Suite 402 33801
Charleston
222 Capitol Street, Suite 200A 25301
Evansville
20 NW Third Street, Suite 940 47708

Current call wait: 9 seconds

Client Testimonial Videos

Free Texas Labor Laws Case Review

Share your experience and we will call you

or Call Now

By submitting you agree to our Terms & Privacy Policy.