State and Federal Protections for Workers in Texas
Your job is more than just a way to provide for yourself and your family. You’ll spend about one of every four hours during your working life on the clock. Though your employer has a vested interest in maximizing your productivity, there are certain things he or she cannot do in the workplace, actions that are banned by either state or federal law.
Your Employer May Not Improperly Terminate Your Employment
Like most states, Texas considers employment to be “at will.” That means that either party to the employment relationship—the employer or the employee—may terminate the employment at any time, provided the way it is done or the reasons for the termination are not contrary to a valid employment contract, to specific provisions of state or federal law, or to public policy. Accordingly, if an employment contract (including a collective bargaining agreement) requires progressive discipline, a worker may escape termination for a first infraction. Furthermore, an employer may not fire a person in violation of whistleblower statutes or other worker protection laws, including state or federal antidiscrimination laws, such at the ADEA (Age Discrimination in Employment Act), ADA (Americans with Disabilities Act), and the Civil Rights Act.
Your Employer Must Comply with State and Federal Wage and Hour Laws
These protections primarily relate to your right to be paid (and paid a fair wage or salary) for your work. There are state and federal minimum wage laws that apply to most workers. In addition, your employer must pay overtime for any time spent on the job over and above the legal limit (40 hours during one work week in Texas). Employers may not wrongfully classify workers as exempt to avoid paying overtime. Furthermore, employers cannot designate employees as independent contractors to avoid providing benefits, withholding taxes or providing workers’ compensation benefits.
The Workplace Must Be Free of Harassment or Discrimination
An employer in Texas may not treat you differently than other employees based on certain “suspect classifications,” such as race, color, gender, age, disability, religion or national origin. There are also federal laws that provide protection against discrimination based on gender identity, sexual orientation and pregnancy.
Your employer must provide a workplace that is free from sexual harassment, either in the form of:
- Quid pro quo harassment—Where a superior either promises a work-related benefit or threatens a work-related punishment tied to sexual favors
- The creation of a hostile environment—Where your employer allows, condones, fosters or promotes an environment where there’s an improper focus or emphasis on sex or sexual matters, including jokes, pictures, innuendos and emails
Your Employer Must Provide a Safe Work Environment
Under the federal Occupational Safety and Health Act of 1970 (OSHA), a worker may refuse to work in an unsafe environment. Employers must take reasonable steps to provide a workplace free from known safety hazards, including exposure to toxic substances.
Contact the Proven Employment Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we offer a free initial consultation to every client. To schedule an appointment with an experienced and knowledgeable employment lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
