Texas Employment Laws and Compliance Essays

Texas Employment Laws and Compliance Essays Texas Employment Laws and Compliance Essay Texas Employment Laws and Compliance Essay For general understanding of these laws I must explain that you as an employer will be required to follow both Federal and State laws or whichever law is more stringent. From the conversation I have identified six laws which you will need to pay special attention to during the hiring and employment process. These laws include the Minimum Wage Law, Equal Employment Opportunity Law, Child Labor Law, Employee Polygraph Protection Act, National Labor Relations Act, and the Texas Pay Day Law. Each of the above laws will give you a general understanding of what Is expected of you as an employer. These laws are current through the 2014 calendar year and can be found on the Texas Workforce Commission (2014) and the Federal Labor Relations Board website. Each of these laws also has to be posted on-site and should be in a conspicuous place such as an employee Need to Know board or equivalent posting area. Equal Employment Opportunity The Equal Employment Opportunity Law prohibits all forms of discrimination against employers during the hiring process. According to the U. S. Equal Employment Opportunity Commission (EEOC) website (2014), they are responsible for enforcing federal laws that make It Illegal to discriminate against a Job applicant or an employee because of the persons race, color, religion, sex (Including pregnancy), cantonal rolling, age (40 or older), disability or genetic Information (EEOC, 2014). The Equal Employment Opportunity Law generally comes Into practice when a business employs over 15 people. The laws apply to all types of work situations, including firing, hiring, benefits, harassment, wages, salary, promotions, and training. Failure to comply with the provisions could result in an investigation to ascertain whether the employee was involved in a discriminatory process. If a discriminatory action has occurred than the EEOC will try to settle the dispute. If a decision cannot be reached Han the EEOC could file a lawsuit to protect the rights of the accused and the interests of the public. Minimum Wage Texas and Federal law state that all employees receive, at minimum, and salary of $7. 25. With specified restrictions, employers may count tips and the value of meals and lodging toward a persons minimum salary. If you plan on running the business out of a residential address, than people who live on the premises of the business than you will not be liable for payment while employee Is on-call. The Texas minimum Wage Act does not prohibit any individual from collectively bargaining with easiness paying the employee the unpaid wages plus legal fees. Child Labor Laws Child labor laws could potentially pose a risk to your business. That is why it is imperative to know and understand what is expected of you as an employer. According to the Texas Workforce Commission (2014), no child under the age of eighteen may operate a motorized vehicle. If you choose to hire individuals between the ages of 14-15 than listed below are the provisions of the Texas Workforce Commission and the Federal Statutes which describe the working hours of those employees. State Law ? a person commits an offense if that person permits a child 14 or 15 years of age who is employed by that person to work: (1) more than 8 hours in one day or more than 48 hours in one week; (2) between the hours of 10 p. M. And 5 a. M. On a day that is followed by a school day or between the hours of midnight and 5 a. M. N a day that is not followed by a school day if the child is enrolled in school; (3) Between the hours of midnight and 5 a. M. On any day during the time school is recessed for the summer if the child is not enrolled in summer school. Federal Law ? The ELSE further regulates hours of employment for children: (1) may not work during school hours (2) May not work more than eight hours on a non-school day or 40 hours during a non-school week. (3) May not work more than three hours on a school day or 18 hours during a school week. (4) Children may work only between 7 a. . And 7 p m. During the school year. However, between June 1 and Labor Day, they may work between the hours of 7 a. M. And 9 p. M. Failure to comply with this federal and state law could result in each or all of the allowing (1) Class B or A Misdemeanors (2) Texas can assess a fine up to $10,000 for each violation (3) Federal Law can impose a fine up to $11,000 for each violation (4) Criminal prosecution and fines National Labor Relations Act The National Labor Relations Act is a law which guarantees private sector employees the right to form into trade unions. This law also gives each employee the right to engage into collective bargaining for better work place environments and also allows for groups to seek better salaries and benefits. This statute also includes a provision or those employees who choose to take collective action against an employer in the form off strike. Failure to comply with this law could result in an employer hiring back a terminated employee. The company could also be forced to pay lost wages and benefits to those affected. Employee Polygraph Protection Act The Employee Polygraph Protection Act (EPA) of 1988 is a federal law which prohibits employers from using a polygraph on their employees. This forbids an employer from using a lie detector test during employment and also stops an employer from using it urine pre employment interviews. This ruling does not cover federal, state, or government employees. Failure to comply with the above law could result in a monetary fine or penalty up to $10,000 dollars per violation. If an employer violates the law, he or she may be liable to the prospective employee and could potentially pay for legal representation, lost wages, and benefits. It is also likely that an employer could be forced to reinstate or hire an employee if they have broken the EPA law. Since you are looking to establish a business in the state of Texas, you will be squired to follow the Texas Pay Day Law (TAP). This law pertains to all private employees who are not independent contractors or government employees. The TAP does not have a business size limitation, nature of business, or size of the company. This law is for all those companies that have entered into an employment relationship. This law only applies to the employer and the employee relationship and protects employees from wages being withheld unlawfully. Wages include all types of compensation including benefits, vacation time, sick leave, parental leave, severance, and holidays. This law also states the frequency at which employees must be paid and terms of separation pay are outlined. Also noted in this state statute are the terms of payment whether it is by check or direct deposit. Failure to comply with this law could result in an employer being forced by the State of Texas to assess a penalty against the employer equal to the wages claimed or $1000, whichever is less. This also covers a business if an employee files a fraudulent wage claim in bad faith. In conclusion if you have any questions in regards to the above content please feel ere to contact myself or Tract and we will be happy to work with you and answer any questions you might have.