Employment Law in San Antonio, TX
If you have suffered treatment from an employer in San Antonio, Texas that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.
What Is Employment Law?
Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.
Understanding Employment Law Labor Rights in San Antonio, Texas
Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.
Wage and Hour Laws
Laws protect non-exempt employees from being forced to work for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn as well as the maximum amount of hours worked before qualifying employees should get paid overtime.
Texas, like every other state, has unique wage and hour laws. However, there are federal laws in place that are minimum requirements for all states. For example, the federal minimum wage is $7.25, but most states exceed that amount.
The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.
The Texas Minimum Wage Act mandates that San Antonio employers pay at least $7.25 per hour. In addition, federal law requires that most San Antonio employees be paid overtime on any hours worked in excess of 40 in a workweek. Overtime is calculated at 1½ times an employee’s regular wage. This translates to a minimum overtime rate in San Antonio of $10.88 per hour. Furthermore, San Antonio employers must pay non-exempt employees at least twice per month. However, exempt employees may be paid monthly.
If you’ve been injured on the job in San Antonio, TX you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.
In order to be eligible for workers’ compensation, you must meet these requirements:
- You must be an employee.
- You must have a work-related illness or injury.
- Your employer must carry workers’ comp insurance.
- You must meet the deadline for filing workers’ comp claims.
There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact a qualified San Antonio attorney for assistance with your case.
Termination Rights under San Antonio, Texas Employment Law
If you live in an at-will state, or your employment is “at-will,” meaning you can be terminated from your job without notice and without cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be wrongful termination.
Here are some reasons your termination might be wrongful even if you are an at-will employee:
- Written promises or contracts
- Implied promises
- Violations of public policy
- Breaches of good faith and fair dealing
- Workplace retaliation
- Whistleblowing violations
The Texas Attorney General reports that Texas is a right-to-work state. This means a San Antonio employee cannot be denied employment because of membership or non-membership in a labor union. Additionally, San Antonio employees are employed at-will. This means notice or cause is not required for firing or quitting. In short, right-to-work is about the beginning of the employment relationship, and at-will is about the end of this relationship.
If you believe your termination was wrongful due to the above circumstances, then contact an experienced San Antonio, TX employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.
If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. Then, after approval, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for a number of reasons, including:
- If you were fired for misconduct.
- You voluntarily quit your job.
- You do not have enough earnings during the work period.
If your claim is denied, you can appeal the decision if you think it’s the wrong choice. Work with a qualified San Antonio attorney during the appeal process to improve your chances of winning the case.
Paid and Unpaid Time Off
Some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary state-to-state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.
Additionally, some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.
According to the Texas Workforce Commission, San Antonio employers are not required by state law to provide paid sick leave, vacation, or any other PTO. However, Texas does mandate provisions for jury duty, voting, military leave, and emergency evacuation leave in San Antonio.
Additionally, the federal Family and Medical Leave Act stipulates that some San Antonio employees may qualify for unpaid leave. Specifically, a San Antonio employee may be eligible to receive up to 12 weeks of unpaid leave for certain medical and family events.
Child Labor Laws
Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its own child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.
Texas provides a Child Labor Laws Poster that San Antonio employers can display at their discretion. The poster details the rules and regulations regarding the employment of minors in San Antonio and across the state. For example, minors aged 14 and 15 cannot work more than 8 hours in one day, or more than 48 hours in one week. Additionally, they cannot work between the hours of 10 p.m. and 5 a.m. on a day before a school day. Keep in mind all minors cannot work in certain hazardous occupations. These occupations include coal mining, operating cranes, and roofing.
San Antonio, Texas Employment Anti Discrimination Laws
A collection of federal anti-discrimination laws protect workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:
- Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
- Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
- Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
- Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
- Equal Pay Act: Requires employers to give men and women equal pay for equal work.
If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is facing sexual harassment in the workplace, report it to your HR department.
San Antonio employees are protected from sexual harassment in the workplace by both the Texas Labor Code and the U.S. Civil Right Act. Currently, the Texas laws only apply to employers with at least 15 employees. However, new legislation, effective September 1, 2021, makes state sexual harassment laws applicable to all employers. The new law also provides a heightened standard for employer responses to sexual harassment. Moreover, it extends the statute of limitations for sexual harassment claims from 180 days to 300 days. However, state law does not require sexual harassment in the workplace training in San Antonio.
Work With an Experienced Employment Lawyer in San Antonio, Texas
If you have employment law concerns, or you’re currently preparing for a case in San Antonio, TX then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across Texas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!