Violations of wage and hour laws — even if accidental — can be expensive for Texas businesses. For example, the Texas Workforce Commission (TWC) may impose hundreds of dollars in fines for every hour of unpaid overtime. Businesses that run afoul of employment law may find themselves facing regulatory fines, employment lawsuits, and reputational damage that’s difficult to reverse.
As a business owner, you should be familiar with some of the most critical areas of employment law, including wage and hour laws, harassment and discrimination, and workplace safety laws.
Ensuring compliance with Texas employment laws can help your business avert disaster. The Weisblatt Law Firm, PLLC can help you assess your current policies and make any necessary changes.
Wage and Hour Laws
Wage and hour laws are among the most common issues raised in employment disputes. They are also among the most complex employment laws in the state. Here’s an overview of important wage and hour regulations:
Minimum Wage and Overtime
Texas follows federal minimum wage guidelines, so the minimum wage is $7.25 per hour. Under Texas law, if an employee works more than 40 hours in a given workweek, they are entitled to overtime pay. You have two options for paying overtime:
- Paying the employee 1.5 times their hourly rate
- Allowing the employee to take paid time off at 1.5 times their hourly rate.
A business lawyer can help you determine which method of compensation works best for your employees and your business.
Employee Classification
In Texas, a worker is an employee if:
- They provide a service for you
- You pay them for that service
- You provide direction and control as to how, when, and where the service is performed.
If you pay someone to perform work for you but that work is self-directed and on that person’s own time, the person is likely an independent contractor. If you improperly classify an employee, you may face fines or sanctions.
Pay Stub Requirements and Recordkeeping
Each payday, you should provide all employees with a pay stub. Each pay stub should include the following information:
- The employee’s name, address, and Social Security number
- The employer’s name and address
- The date of pay
- The pay period covered
- The total hours worked (per day and per pay period)
- The employee’s hourly rate
- The amount paid (both gross and net pay)
- All deductions.
Texas requires you to keep all payroll records for at least three years. Your attorney can help ensure your pay stubs and your payroll process as a whole meet all legal requirements.
Discrimination and Harassment
Discrimination and harassment lawsuits can seriously damage your reputation as an employer, so you should be careful to not discriminate based on protected characteristics. The Equal Employment Opportunity Commission (EEOC) names the following protected characteristics:
- Religion
- Race
- National origin
- Color
- Sex (including sexual orientation, gender identity, or pregnancy)
- Age (40 or older)
- Disability and/or genetic information.
Discrimination based on these characteristics can come in several forms:
- Disparate Treatment: Treating someone differently based on a protected characteristic
- Disparate Impact: Including policies that disproportionately impact certain characteristics
- Harassment: Harassing employees based on protected characteristics.
Having strong, clear policies in place can go a long way toward preventing discrimination and harassment. A business lawyer can help you create and implement effective policies.
Let The Weisblatt Law Firm, PLLC help protect you against employment lawsuits. Call (713) 666-1981 for a free phone consultation.
Workplace Safety
The Occupational Safety and Health Act (OSHA) imposes strict regulations to ensure worker safety. These requirements can vary significantly based on your industry. However, complying with OSHA regulations is just a small part of workplace safety. You must also ensure that your workers have adequate safety training and that you report all incidents according to OSHA guidelines. Safety handbooks and policies can help you set clear expectations and reduce the chances of a major employee injury or death on the job.
Leave Laws
Texas requires you to allow employees leave from work under certain conditions. For instance, you may not penalize an employee who has jury duty or must leave for military service. The Family and Medical Leave Act (FMLA) also requires you to allow employees to take leave to address personal and family issues. You often do not have to pay for FMLA leave, but you may be required to allow the employee to return to work afterward.
Employee Handbooks and Policies
The right handbooks and policies can help your employees ensure they have a clear understanding of their rights and your policies. The right business lawyer can help you draft these handbooks and policies and keep them current.
Why Choose The Weisblatt Law Firm, PLLC for Employment Law Compliance?
Your Guide to Houston’s Business Landscape
Compliance with Texas business law is more than just a formality. When choosing a business attorney to review your current policies, you shouldn’t just choose the first lawyer you find — you need someone with the drive and the experience to make your business the best it can be.
Attorney Andrew Weisblatt has been practicing business law since 1992. Before opening his own practice, he served as in-house counsel for a multinational corporation. He knows how to determine what a business needs and how to address those needs as effectively as possible. Mr. Weisblatt takes pride in his ability to forge lifelong relationships with his clients. Whether you have a quick legal question or are ready to find an attorney you can rely on for the long haul, he’s only a call away.
Is Your Business Compliant?
The Right Houston Business Lawyer Can Help
If your business is in violation of Texas employment law, it’s much better to identify and remedy violations now — not after you’ve been served with an employment lawsuit. The Weisblatt Law Firm, PLLC can help you efficiently identify any potential issues and ensure your company stays on the right side of Texas law.
Is your business compliant? Call The Weisblatt Law Firm, PLLC at (713) 666-1981 or get in touch online for a free phone consultation today.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
