Texas Employer Handbook

Insights on Employment Law for Texas Businesses

Blog Authors

Latest from Texas Employer Handbook

Co-authors Marcus Fettinger and Fred Gaona Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the U.S. that is changing, and Texas could soon be impacted as well. On February 26, 2018, the United States Court of Appeals for the Second Circuit, which has jurisdiction over Vermont, New York and…
The days of the lone landman driving around the back roads taking leases and visiting courthouses are becoming a thing of the past. Though there are still a few independent landmen who fit this mold, clients have demanded change and consolidation. Now there are brokerage firms and other combinations of landmen. It is not a bad thing. It is just different. The fly in the ointment is that the government views landmen who work for…
On March 13, 2014, President Barack Obama issued a presidential memorandum directing the Secretary of Labor to “modernize and streamline the existing overtime regulations”.  The Department of Labor (DOL) took action and, in new rules set to become effective Dec. 1, 2016, raised the minimum salary threshold for exempt workers in many categories.  Since then, employers have been gearing up for the change — modifying pay rates, altering job responsibilities, switching formerly exempt employees to…
For the last year, the U.S. Department of Labor (DOL) has been working on proposed rule changes related to overtime exemptions. These changes are designed to substantially decrease the number of employees who are exempt from overtime. Today, the Department of Labor released the final rule changes. Employers are required to be compliant with these changes by December 1, 2016. Below are the key points to the changes in the law employers should know and…
Who, What, Why . . . Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which applies to employers with four or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national…
Who, What, Why . . . Who does it apply to: The law applies to all employers regardless of size. What is the issue: The Civil Rights Act of 1866 was passed to prohibit racial discrimination in contracts of employment and applies to all employers. The Act was later codified under Section 42 USC § 1981. Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national…
Who, What, Why . . . Who does it apply to: The Texas Election Code rules for employee voting rights and time off apply to all Texas employers. Can I do it myself: Who is protected: All employees, including temporary or seasonal workers, are protected. What is protected: Basically there are three protections. First, an employer must give employees time away from work to vote if the employee does not have otherwise sufficient free time…
Who, What, Why . . . Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin. What am I required to do: Employers are required not to discriminate against employees on the basis of religion. More specifically, employers are required not to treat an employee…
Who, What, Why . . . Who does it apply to: The Jurors Right to Reemployment Act and the Jury System Improvement Act of 1978 applies to all employers in Texas. These laws protect the employment status of those employees serving jury duty in either state or federal court. Who is protected: All permanent employees serving jury duty are protected. Temporary or seasonal employees, those that work for a specific length of time or until…
Who, What, Why . . . Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin. What am I required to do: Employers are required not to discriminate against employees on the basis of sex. More specifically, employers are required not to treat an employee…