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Everything You Need to Know About the Labor Laws in Texas

Written by Michael Purser | Edited by Nate Bortz

A worker in safety gear with a laptop inspecting an oil field.

All workers in the United States have rights. That includes citizens, permanent residents and seasonal migrant workers. But those rights aren’t the same everywhere in the country.

This helpful guide will help you understand the rights of Texas workers, including special cases and exceptions to common rules. You will learn how the law protects you and your coworkers from injury and exploitation — and what to do if your rights are violated by your employer.

Who Makes and Enforces the Rules?

Several agencies work together to create Texas employment law. The two main groups are the U.S. Department of Labor (DOL) and the Texas Workforce Commission (TWC). The TWC is sometimes called the Texas labor board. Each plays a part in protecting employees’ interests at work.

Federal vs. State

The DOL and the TWC represent two levels of government protection. The DOL is a federal body, so its regulations apply nationwide. Because the Department of Labor is so big and covers so many laws, it has many smaller agencies, including the Occupational Safety and Health Administration (OSHA) and the Wage and Hour Division (WHD). The TWC is a state office that can only make and enforce laws within Texas.

These groups work together to protect workers. Federal laws establish the bare minimum for employee rights and workplace safety regulations. State laws can set higher standards and offer more benefits but can’t remove federal protections. If there isn’t a state-specific law covering a topic or situation, then the federal guidelines apply by default in most circumstances.

The General Duty Clause

A state OSHA plan is a program that allows individual states to regulate workplace safety within their borders, provided their standards are at least as effective as federal OSHA regulations. While some states have their own plans covering private and public sector workers, Texas does not operate an OSHA-approved State Plan.

In the absence of an eligible OSHA state plan, business owners are still bound by the General Duty Clause. The OSH Act mandates that management in Texas and beyond provide a safe and healthful working environment free from recognized hazards. This important rule is purposely vague.

Because no single law can address every situation, the General Duty Clause serves as a catch-all requiring every company operating under OSHA jurisdiction to act in good faith to protect employees.

This key legislation provides the government with a way to investigate incidents and enforce safety regulations under circumstances not covered by a specific standard.

Texas Labor and Employment Law

The Texas Labor Code is almost 1,000 pages long. And the various acts, regulations and statutes that make up federal standards are even longer. The short summaries below will help you understand your rights without having to read several textbooks of legal language.

Wages and Hours

Wages and hours are governed by both federal and state laws, ensuring fair compensation and work conditions for employees. In the United States, the federal minimum wage is currently $7.25 per hour. However, states can set their own minimum wages, which must be at least as high as the federal rate.

Minimum Wage

Texas follows the federal minimum wage of $7.25 per hour, established in 2009. The Texas Minimum Wage Act prohibits counties or cities from creating a higher local minimum wage.

Some individuals may be paid less than the federal minimum. Provisions include:

  • Inmates
  • Minors (during the first 90 days of employment only)
  • Family members of a business owner
  • Outside sales professionals
  • Some religious, educational, charitable or non-profit organizations
  • Sheltered workshops (for individuals with certain disabilities)

Hourly staff who earn tips may be paid a minimum of $2.13 per hour, with one exemption. If that wage plus tips over a pay period comes to less than $7.25 per hour, employers must make up the difference.

Frequency of Pay

Employers must pay workers at least twice per month. Some employees, mostly exempt salaried individuals may receive pay less often, usually once per month.

Overtime

The nationwide Fair Labor Standards Act (FLSA) applies to overtime pay. Employees must receive 1.5 times their base pay rate for any hours worked beyond 40 per week. Highly paid individuals and some salaried employees are exempt.

Equal Pay

Employers in Texas may not pay women less than men on the basis of sex or gender. In addition to the FLSA, Texas has its own equal pay laws, including Section 659.001 of the Texas Government Code and the Texas Commission on Human Rights Act (TCHRA).

Child Labor

Special rules apply to workers under the age of 18. Child labor laws provide special protection to minors. The state lists specific industries in which children may or may not work. But generally, children younger than 14 years old cannot work.

Until age 16, the TWC and DOL limit the number of hours minors can work. Teens can’t work more than eight hours in one day, or more than three hours on a school day.

They also can’t work late at night or use many powered tools or heavy machinery. Teens cannot work in certain dangerous jobs at all until they are 18.

Time Off and Benefits

Breaks are crucial for maintaining productivity and supporting the well-being of workers. It is essential for both employers and employees to be aware of employment laws and regulations surrounding break times, leave and time off in Texas to ensure compliance.

Failure to provide required opportunities for rest can lead to violations and potential legal consequences.

Breaks

While many states specify the number and length of rest periods and lunch breaks, Texas does not. Many employers, however, offer formal break schedules.

OSHA requires employers to offer suitable bathroom facilities and provide reasonable restroom breaks to all workers. Employers must also make reasonable accommodations for those with disabilities, nursing mothers and others.

Paid Leave

Private employers in Texas are not required to offer any paid time off (PTO) during the year. That includes PTO for sick days, vacations or holidays. If companies offer a written holiday or PTO policy, however, they must abide by the terms of the agreement.

There is one exception. Military personnel in public roles may take up to 15 days of PTO for training or duty under orders. That rule does not apply to private companies, only government jobs.

Unpaid Leave

The Lone Star State doesn’t have any laws that require employers to offer unpaid time off, either. Instead, Texas workers must rely on federal time-off laws, including the Family and Medical Leave Act (FMLA).

The FMLA gives workers access to an unpaid leave of absence for some serious conditions. Under the FMLA, workers can take up to 12 weeks of unpaid leave for a qualifying reason, including:

  • The birth of a child, including bonding time
  • The placement of an adoptive or foster child
  • A serious illness or injury that requires an overnight or longer stay in a medical facility
  • To care for an immediate family member with a serious health condition
  • Family complications related to active duty in the armed forces, reserves or National Guard
  • A limited number of other emergencies

Employers cannot fire or demote an employee for using FMLA leave. Employees must be given their original job — or a comparable one — once the leave is complete. Chronic conditions may qualify for further leaves of absence.

Other Time Off

Outside of FMLA requirements, there is no state provision for administrative, emergency or medical leave in Texas. Individuals are not guaranteed time off to volunteer, donate blood, marrow or organs, grieve a death in the family or call off sick.

Some civic functions are protected by law. Texans may take unpaid time off for jury duty, voting or serving as a witness in a trial (but only if subpoenaed).

Workers’ Comp

Unlike many other states, Texas does not require workers’ compensation insurance policies for private employers. Companies that work with the state government must carry valid coverage to protect individuals who suffer workplace injuries. Even when not required, an approved policy carries major benefits.

The state program is administered through the Division of Workers’ Compensation (DWC), which is part of the Texas Department of Insurance. The division doesn’t pay claims. It oversees the carriers that provide coverage to ensure prompt, fair, high-quality access to medical resources.

The easiest way to avoid dealing with workers’ compensation is to avoid injuries entirely. A general safety education like OSHA 10 or OSHA 30 can save a lot of pain and paperwork by protecting you from common workplace hazards and the leading causes of on-the-job accidents.

Unemployment

All Texas employers must pay unemployment insurance taxes. Companies cannot deduct premiums from employee wages. Any worker who loses their job through no fault of their own is entitled to unemployment benefits.

Eligibility, benefits calculations and the application process can be complicated. To get the most out of the program, individuals should apply for benefits immediately after losing a job. The application is available on the TWC website.

Discrimination and Protections

Texas law also provides protections to guarantee fair treatment for all in the workplace. From safeguarding against discrimination to upholding employment rights for veterans and enforcing fair labor practices, these laws help create an equitable work environment for all.

Equal Opportunity

As mentioned above, Texas adheres to the national prohibition against discrimination based on sex and gender identity. Discrimination laws like the Texas Commission on Human Rights Act make it illegal to discriminate against a person based on characteristics like age, disability, race, national origin and religion.

Veterans

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects Texas veterans. This extends to members of the National Guard and state military personnel as well. Veterans must be allowed to return to work in the same role following active military service.

Other programs, like voluntary military employment preference, can help veterans find training and employment opportunities.

At-Will and Right to Work

These are both common terms that describe aspects of general rules for work contracts in TX. At-will employment means that workers or their employers can terminate a job at any time, for any reason in the absence of a written contract. Even in an at-will state, labor laws in the state of Texas forbid wrongful termination, discrimination and retaliation.

In a right-to-work state like Texas, employees are not required to be members of labor unions to get a job. Employers cannot discriminate against union or non-union employees.

Union membership is voluntary and optional in the Lone Star State. Non-union employees cannot be forced to pay agency fees or union dues to contribute to collective bargaining agreements in right-to-work states.

Reporting Violations

What do you do if you think your employer violated your rights? You can file a complaint. The office you should contact depends on the nature of the violation.

In general, you will file a complaint or claim with either a state or a federal agency. For violations of state employment laws, contact the TWC directly. The commission can direct you to the right department for your situation.

You have more options for federal complaints. See the list below for various national offices and their areas of expertise.

Workers’ rights are protected by law, and these agencies are charged with enforcing safe, fair, equitable work environments for all employees. Don’t hesitate to report violations.

A non-compliant company may be prosecuted in either criminal or civil court. In addition to providing a statement to an enforcement agency, you should contact an attorney regarding your case. A lawyer can help you seek additional solutions or financial compensation for your situation.

More Information

This is just a quick primer on major Texas labor law subjects. As previously stated, the Texas Labor Code is much more comprehensive, containing almost 1,000 pages of dense legal language. And the federal laws that apply to Texas include thousands more pages.

This guide also doesn’t cover local statutes. An organization operating in Dallas, for instance, may need to follow slightly different rules than one based in Austin. Consult with your municipal government to learn more about local labor practices.

For more information about federal safety standards and the Lone Star State, visit our Texas page. We’re the leading experts in online OSHA education. We offer 10-hour and 30-hour Outreach Training through our partnership with the University of South Florida — an OSHA-authorized provider of Outreach Training. Sign up today to earn an OSHA 10 or OSHA 30 card recognized throughout the state!