If you’re working for a company in Texas, you may be wondering if the employee rights laws are any different in Texas than they are elsewhere in the United States. Well, fortunately there are plenty of basic protections you can depend on in Texas that are outlined by the Texas Workforce Commission (TWC) – we took the time to summarize 5 of those rights below for employees here in Texas.
If you have any concerns about how your employer is treating you in the workplace, reach out to an employment law attorney for further details on how to proceed.
Texas employees have a right to overtime pay
Texas has a minimum wage law similar to the federal Fair Labor Standards Act (FLSA). Under the FLSA and Texas laws, workers have the right to overtime pay at one and one-half times their standard rate of pay for any hours over 40 hours per work week.
Wait time, on-call time, and rest and break periods can often be included in your total hours worked per week. However, lunch periods and travel to and from work are typically not included unless your contract specifically states otherwise. According to the Texas Workforce Commission (TWC), any time you are required to be available to your employer is considered “work time.” If this time exceeds 40 hours in a week, you must be compensated for the overtime.
Texas employees are protected from workplace discrimination
The TWC enforces the Equal Employment Opportunity (EEO) Act. Workplace discrimination means unfair treatment in hiring or employment because of:
- Race
- Color
- National origin
- Religion
- Gender/gender identity/sexual orientation/sexual harassment
- Disability or perceived disability
- Age (over 40)
Discrimination can also involve harassment by supervisors or other employees that management fails to address.
As an employee, you have the right to request “accommodations” to allow you to perform your job with a disability as long as the accommodation does not cause undue burden to the Company.
Texas employees have a right to a workplace free of sexual harassment
Sexual harassment is a form of discrimination that can occur between individuals of any gender. Both men and women can harass people of the same or different genders.
Sexual harassment is generally defined as:
- An unwanted sexual advance, a request for a sexual favor or any other verbal or physical conduct of a sexual nature if
- The employee believes they must submit to the request or risk retaliation such as losing their job; or
- The behavior is so severe or pervasive it affects the employee’s ability to do their job (a “hostile work environment”)
A single incident can be grounds for a claim of sexual harassment. Sometimes, a workplace culture of sexual conduct is the cause of a complaint. The laws against sexual harassment apply to all employees in any employment situation, including volunteers and unpaid interns.
Texas employees are protected from retaliation by their employer
Whether you are making a sexual harassment claim, filing a workplace safety report, or complaining about discriminatory conduct towards you or others, you have the right to file these reports and make these complaints without fear of retaliation. Retaliation by an employer can take many forms. Firing is the most obvious, although most employers will not do something so obvious. Other examples of employer retaliation include:
- Reassignment to a less desirable or lower-paying position or work place
- Unsubstantiated lower performance evaluations
- Physical or verbal harassment
- Denial of raises or promotions
If you face these behaviors after complaining of sexual harassment, discrimination, or workplace safety, it’s essential you contact a Texas employment attorney immediately.
Texas employees can be fired without cause, but are protected from wrongful termination
Texas is an “at-will” employment state. Either the employer or the employee can end the working relationship “at-will” without cause at any time. However, the employer cannot fire an employee for an unlawful reason.
What does wrongful termination look like? One example is being terminated due to discrimination, meaning you were let go because of your race, religion, national origin, or other protected status. Another example is termination for participating in a protected activity, such as taking medical leave, serving on a jury, or engaging in union organization.
If you believe you have been the victim of wrongful termination, you should speak with an employment law attorney immediately. Your time to make a claim is limited. Jackson Spencer Law has been fighting and winning cases in the Dallas-Fort Worth area for employees for over 10 years. Call us for a free, no-obligation consultation on your situation.
