Austin employment laws offer a legal framework for how employers and their workers relate. From the moment a person gets hired through an interview to the day that person is relieved of his/her job, employment laws exist to ensure that his/her employment rights are upheld at the workplace.
Through this post we can get a glimpse of the scope of these laws.
The employment laws in Austin prohibit employers from showing prejudice against a person during the hiring process because of that person’s race, age, national origin, gender or religion. The selection must be done purely on the grounds of merit and suitability for the job.
An employer can’t base the decision to hire a person on any of the aforementioned factors.
Swift and severe legal repercussions await any employer who flouts these laws by any discriminatory actions against employees or potential employees.
Texas Laws on Minimum Wages
All employees in Texas must be paid at least an equivalent of $7.25 hourly rate as their wages. This hourly rate has been specified as the minimum hourly wage under the state and federal employment laws.
In addition to this, employment law states that if an employee works more than 40 hours a week, then the employer must pay the employee overtime pay for hours worked in excess of 40 per week.
The employer is required to pay the employee an overtime pay not less than one and a half times the employee’s usual pay. These statutes on minimum wage & overtime pay hold for all nonexempt employees.
Workers of businesses with annual gross sales of over $500,000 are covered by the minimum wage overtime provisions. In addition, workers of smaller businesses that are engaged in interstate commerce are also covered by this minimum wage and overtime stipulations.
A few of the professions that have been exempted from overtime stipulations of the employment law are executive and administrative employees. These, along with a few others, do not
qualify for overtime wages based on a set of criteria which includes, among other things, the condition that their weekly pay must be in excess of $455.
Another category of employees who are exempt from the minimum wage restrictions are employees who earnings consist of tips as well as regular pay. These employees can be paid a reduced hourly wage as long as their tips combined with the hourly rate makes up for an average hourly rate of more than $7.25 per hour.
Find out more on Ross Law Group, for legal advice
Employee Safety is guaranteed by the Occupational Safety and Health Act which stipulates that the safety of employees at their place of work is the responsibility of the employer.
All professions and all types of workplaces are covered under these workplace safety laws. Only independent contractors have been excluded from its legal cover
In addition to the legal protections, agencies such as the Occupational Safety and Health Administration offer employees a platform where they can lodge their complaints regarding workplace safety.
These laws and the agencies also provide protection from discrimination to any employee who files a complaint about worker safety against their employer.
Through a state- controlled program that is funded by the employer, employees who suffer any injuries at work can avail various benefits. This compensation should include the injured employee’s medical expenses as well as a reasonable portion of the wages lost due to being unable to work.
The employer may decide not to participate in an insurance program like this but should the employer decide to adopt these programs then they limit their exposure to compensation as only workplace injuries are eligible for compensation under these insurance programs.
If the employer does not opt for an insurance program such as this, then they stand the risk of being sued for compensation by an injured employee.
Leaves from Work
The Family and Medical Leave Act states that all employers must provide eligible employees with unpaid leave of up to twelve weeks.
These stipulations apply to all government agencies and private businesses with more than 50 employees. Moreover, all employees are entitled to a 2 hour paid time off to cast their vote. Any employer who denies their employees this time off will be liable for legal action.
As per the stipulations of the state laws, any employee called upon for jury duty is entitled to a time off, albeit unpaid, from the employer.
Post Employment Benefits
If a worker’s position is terminated due to any other reason apart from misconduct, the worker is eligible to get unemployment compensation benefits.
For businesses with more than 20 employees, there is a legal provision under the Consolidated Omnibus Budget Reconciliation Act, which allows ex- employees to continue their health cover plan at their own cost if they want to.