Texas Employment Law Basics

By Lisa Guerin, ​J.D., Boalt Hall at the University of California at Berkeley
Learn about the federal and state laws that protect the rights of Texas employees.

If you work in Texas, federal and state employment laws protect your workplace rights. Read on to find out about laws prohibiting discrimination, requiring payment of overtime and the minimum wage, giving you the right to take time off, and more.

Discrimination and Harassment Laws in Texas

Under Title VII of the federal Civil Rights Act of 1964, employers may not make job decisions based on race, color, religion, sex (including pregnancy), or national origin. Additional federal laws prohibit discrimination based on age (if the employee is at least 40 years old), genetic information, or disability. Employers with at least 15 employees are subject to these laws (for age discrimination, employers with at least 20 employees must comply with the law).

Employers may not discriminate in any part of the employment relationship, from job listings, interviews, and hiring decisions, to promotions, benefits, compensation, discipline, layoffs, and termination. To learn more about the federal laws that ban employment discrimination, see the Equal Employment Opportunity Commission’s Laws Enforced by the EEOC.

Texas law also bans discrimination based on these traits. These laws apply to Texas employers with at least 15 employees. To learn more about these laws, visit the website of the Texas Workforce Commission.

The same laws the prohibit discrimination also ban harassment. Harassment is unwelcome actions or statements, based on a protected trait (like race or sex), that create a hostile or offensive working environment or that an employee must endure in order to get or keep a job. Sexual harassment is the most familiar type of harassment, but harassment might also be based on disability, ethnicity, or another protected trait.

If you complaint of workplace discrimination or harassment, you are protected from retaliation. It is illegal for your employer to take any negative job action against you, whether you complain within the company, to a government agency (like the Equal Employment Opportunity Commission or the Texas Workforce Commission), or in a lawsuit.

Wage and Hour Laws in Texas

The federal Fair Labor Standards Act (FLSA) sets the wage and hour standards employers must follow, including the minimum wage, overtime, and other wage protections. Employers must pay the highest minimum wage applicable to employees, whether set by federal, state, or local law. The Texas minimum wage is the same as the federal minimum: $7.25 an hour.

If you earn tips, your employer may pay you a lower minimum wage, as long as you earn enough in tips to bring your hourly pay up to at least the full minimum wage of $7.25. In Texas, employers may pay tipped employees as little as $2.13 an hour.

Under the FLSA, Texas employers must pay employees overtime—time and a half—for all hours worked after the first 40 in a week. Some employees are not entitled to earn overtime, however. If you fall within an exception to the overtime laws (for example, because you are a salaried manager as defined by the law), you are an exempt employee, which means you are not eligible for overtime. You can find out more about the FLSA from the Wage and Hour Division of the federal Department of Labor.

Texas Laws on Workplace Safety and Injuries

In every state, including Texas, the federal Occupational Safety and Health Act requires employers to provide a safe workplace, free of known hazards. Employers must provide safe, healthy working conditions, including the necessary training and safety equipment for their industry.

Employees have the right to request an Occupational Safety and Health Administration (OSHA) inspection if they believe their employer has committed safety violations. It is illegal for employers to retaliate against employees who complain of unsafe or hazardous working conditions.

If you suffer an on-the-job injury or illness, you will likely be eligible for workers’ compensation. Most Texas employers are required to carry workers’ compensation insurance. Workers’ comp provides you with a percentage of your usual earnings, pays for necessary medical treatment, and provides vocational rehabilitation and other benefits.

Time Off Work in Texas

Many employers offer their employees paid leave, such as vacation time, sick days, holidays, or paid time off (PTO) benefits. In Texas, these benefits are discretionary. Some states require employers to give employees paid sick days, but neither Texas nor federal law requires employers to offer paid leave.

However, employers may be required to offer unpaid leave for reasons such as:

  • Family and medical leave. The federal Family and Medical Leave Act (FMLA) requires employers with at least 50 employees to give eligible employees up to 12 weeks of unpaid time off per year for illness, caregiving, and bonding with a new child. While you are on FMLA leave, your employer must continue your group health benefits. You have the right to be reinstated when your leave is through. Many states have their own family and medical leave laws, but Texas does not.
  • Military leave. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and Texas law both require employers to allow employees to take leave from work for federal or state military service or duty. In Texas, employees may also take unpaid time off work for military training. Employees must be reinstated after their leave, and may not be discriminated against because of their military service.
  • Military family leave. Under the FMLA, eligible employees may take up to 26 weeks off in a single year to care for a family member who was seriously injured on military duty.
  • Jury duty. Texas employers must also allow employees to take time off work for jury service. This time is unpaid.
  • Voting. Texas employers must give employees paid time off work to cast their ballots. However, employees are not entitled to voting leave if they have at least two consecutive hours off work while the polls are open.

Leaving Your Job

In Texas, most employees work at will. This means they can be fired at any time, for any reason that is not illegal. However, even at-will employees may not be fired for reasons that are discriminatory or retaliatory. You may not be fired, for example, for raising concerns about harassment, filing a claim for unpaid wages, or making an OSHA complaint.

Unemployment and Insurance Benefits

If you are out of work through no fault of your own (that is, you were not fired for serious misconduct and you didn’t quit your job voluntarily), you may be eligible for unemployment benefits. In Texas, you must have worked in at least two of the four quarters of the base period (a 12-month stretch before you lost your job), and you must meet an earnings requirement, to qualify for benefits. If you are eligible, you will receive a percentage of your previous earnings for 26 weeks (up to a maximum of $479 per week) while you are looking for a new job. Learn more about eligibility requirements, benefit amounts, job search requirements, and more (or file a claim for benefits online) at the Texas Workforce Commission’s Unemployment Benefits page.

A federal law, the Consolidated Omnibus Budget Reconciliation Act (COBRA), gives employees the right to continue their group health insurance coverage after employment ends. To do so, you will have to pay the full premium (including whatever portion your employer used to pay), plus up to 2% of that amount for administrative costs. You can continue these benefits for 18 months; your spouse and other dependents may continue their benefits for 18 to 36 months, depending on the circumstances.

Talk to a Lawyer

As you can see, a variety of state and federal laws protect employees in Texas. If you believe your employer has violated your legal rights, you should speak to an experienced Texas employment lawyer. A lawyer can help you figure out whether you have legal claims against your employer and, if so, how best to pursue them.

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