The key to making the most of Texas labor and employment law is engaging in fair hiring practices, complying with safety standards and keeping a good work environment. Texas labor law was originally intended to simply improve working conditions for employees, but it also improves the relationship between employers and employees. The resulting increase in productivity also increases profits for owners.

Texas labor laws include regulations on specific issues such as break and lunch periods, employee-to-foreman ratios, job safety and the work environment. Labor laws also must be regularly updated to deal with changes in technology and work requirements.

Texas employment laws can be grouped into the following areas:

1. Overtime laws that govern how employees are to be paid after working their normal work day. These laws are most applicable for suits involving the restoration of overtime pay.
2. Texas work laws that deal with disabled workers, especially with regard to the Americans with Disabilities Act.
3. Tax laws that affect damages earned for emotional distress on lawsuits. Recent changes in these laws mean that any settlement of this type will now be far lower.
   

Action Steps
The best contacts and resources to help you get it done

Stay current on Texas work labor laws

These laws can change frequently and it's essential that you keep up to date in order to protect your business from frivolous lawsuits and understand your rights as an employer.

I recommend: The State Bar of Texas maintains an extensive list of resources on labor and employment law in Texas. The Employment Law Advisory Network provides an online version of the Texas Payday law and other resources that relate to employment and labor law.

Study state guidelines to help you comply with Texas labor laws

Texas has official state websites that provide extensive information on employment regulations. There are also many other sites that provide summaries of state employment and labor laws.

I recommend: The Texas Workforce Commission offers links to laws and other resources for employment and labor in Texas. Learn more about specific employment and labor laws in Texas using resources at the Official Portal of Texas.

Use attorneys that specialize in Texas work laws

Employment law attorneys can help you understand the often complex laws regarding your employees. Many of these attorneys also provide summaries of these laws on their websites.

I recommend: Get a summary of labor laws in Texas at Van Wey & Johnson in Dallas. The Solomon Law Firm in Houston practices employment law in Texas and also offers informational resources on employment law.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Employers with three or more employees must display mandatory Texas labor law posters. This is required in order to comply with both the United States Department of Labor and Texas Department of Labor. The most common locations for these posters are areas where employees tend to congregate during breaks such as conference rooms, lunch rooms and near time clocks.

Texas labor and employment law deals with improving the workplace for both small business owners and their employees. This is done through educating everyone about fair labor practices and how to stay in compliance. If you’re not in compliance, you’re at risk for a lawsuit or a big fat fine.

Texas labor laws, like those in other states, have adjusted to account for the increased technology as it affects the workplace. But they must still address issues of safety, overtime, ratios and lunch breaks.

When you understand Texas employment laws, you’ll be able to:

1. Make sure your business complies with Texas labor law

2. Enact fair hiring practices based on Texas employment law

3. Consult with Texas labor law firms when a dispute arises

Action Steps
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Know Texas labor and employment law

It may feel like you have to be an attorney to understand labor and employment law in Texas, but all you really need is a person who knows what questions to ask. Hire human resources employees knowledgeable in Texas labor laws.

I recommend: Learn about the specific labor laws in Texas from the state's Texas Workforce website. Find out how the Fair Labor Standards Act affects you through the Department of Labor’s elaws advisor program.

Learn how Texas employment laws treat employment discrimination

Discrimination in employment remains a problem in Texas with claims filed for discrimination based on gender, race, age, religion, national origin and disability.

I recommend: Be certain you follow standards set by the Equal Employment Opportunity Commission and understand Texas equal employment opportunity policies.

Perform background checks in compliance with Texas labor law

It's common for business owners to want background checks on potential employees, and many businesses also continue with a practice of random drug screens. However, business owners must make certain that they don't do anything to violate privacy rights.

I recommend: Learn what you can and cannot do when getting Texas background checks on potential employees. The Privacy Rights Clearinghouse provides more information about what qualifies as privacy rights.

Know how Texas labor laws address immigration

Sharing a common border with Mexico keeps immigration a much-discussed topic in Texas work laws. Look at both labor and employment standards under federal and state immigration laws to make sure you're in compliance.

I recommend: See what questions people ask about Texas immigration in the Labor Law Talk forum or ask your own questions. Contact the Department of U.S. Citizenship and Immigration Services to find out if you can hire a specific immigrant. This is done through a process called a I-9 check.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Consider giving regular performance reviews that tie into wage increases.
• •  Display Texas labor law posters in areas that employees frequent.

Texas employment laws were put in place to protect employees from mistreatment by their employers and supervisors. Included among these laws are insurance requirements, limitations on working hours, minimum wages paid to employees and employee age restrictions.

Therefore, it’s imperative that employers have a clear knowledge of Texas labor law and maintain awareness of any changes or updates in order to protect themselves and their companies. Noncompliance of federal and state labor laws can mean serious action taken against your business. Use the following strategies to stay informed:

1. Read articles and newsletters that explain Texas labor law.

2. Access forums, and frequently asked questions sections that help guide you through Texas labor and employment law.

3. Seminars and conferences on Texas employment law can keep you apprised of changes.

Action Steps
The best contacts and resources to help you get it done

Receive newsletters and other publications on Texas work laws

Again, many labor lawyers in Texas will often provide access to articles, newsletters and other resource materials to keep area employers informed. Additionally, you should acquire books and other manuals to help guide you and answer common questions regarding the labor laws you must enforce within your business practices.

I recommend: The Solomon Law Firm provides articles regarding employment law. Access The Key Firm newsletter for articles and advice on implementing labor laws. Sign up to receive the Texas Employment Law Letter, a monthly publication from HRhero written for employers by Texas labor law attorneys.

Access online resources that provide more TX labor law details

Several organizations and Texas employment law firms provide various resources, such as forums, tools and links, to help employers know and understand the laws they must abide by each day regarding their staffs. Most of these resources will provide accurate and up-to-date information so that you're not in the dark on the latest law changes and interpretations.

I recommend: Visit the Businesses and Employers page provided by the Texas Workforce Commission for helpful labor law guidance. The United States Department of Labor - Employment and Training Administration provides the Workforce Professionals page with helpful law updates, tools, resources and links. ELinfonet provides articles on labor laws in Texas, as well as blogs, forums and other resources.

Expand Texas labor and employment law education and training with seminars

Local organizations and universities may offer seminars and courses to familiarize you with the basics of labor and employment law. Most charge a registration fee of some sort, but may be well worth it to have a better understanding of the Texas labor law process.

I recommend: Cronell, Smith & Mierl provides training workshops and seminars regarding TX employment laws for management and human resources departments. Fisher & Phillips, a national law firm with offices in Houston, provides a variety of presentations and seminars to help employers learn more about labor laws in their state.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Employment lawyers in Texas will help businesses deal with lawsuits for noncompliance of labor laws. If you're concerned about possible problems or have law interpretation questions, you should meet with a local attorney.