Texas

Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...

A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute. ...

The general purposes of this chapter are to: (1) provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. Section...

In this chapter: (1) Bona fide occupational qualification means a qualification: (A) reasonably related to the satisfactory performance of the duties of a job; and (B)...

(a) A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise of a power provided by this chapter. (b)...

This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of the state or federal...

If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the receipt of federal funds, the commission shall...

(a) If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances is held invalid or unconstitutional, that...

(a) In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this chapter or Chapter 461, Government Code, or the application...

(a) Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section. (b) The training program must provide the...

An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses to hire an individual,...

An employment agency commits an unlawful employment practice if the employment agency: (1) fails or refuses to refer for employment or discriminates in any other manner against an...

A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization: (1) excludes or expels from...

An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who, under...

An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces a person to engage in a...

An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance of a duty or the...

An employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the employer...

With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the face of the seniority...

This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. ...

A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or federal law. ...

(a) A political subdivision or two or more political subdivisions acting jointly may create a local commission to: (1) promote the purposes of this chapter; and (2) secure for all...

(a) A local commission may: (1) employ an executive director and other employees and agents and set their compensation; (2) cooperate or contract with a person, including an agency of...

(a) If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or defers jurisdiction over the subject matter of the...

(a) The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age that is filed with...

A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. ...

(a) A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission. (b) The complaint must be in writing and made under...

(a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to...

(a) The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is reasonable cause to believe that the...

(a) If after investigation the executive director or the executive director's designee determines that reasonable cause does not exist to believe that the respondent engaged in an unlawful...

(a) If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment...

If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint was filed, the commission shall inform the...

...

A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other law or an order or ordinance of a political...

(a) The commission may bring a civil action against a respondent if: (1) the commission determines that there is reasonable cause to believe that the respondent engaged in an unlawful...

(a) A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a written notice of the complainant's right to...

(a) On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed a notice of the right to file a civil action if:...

Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent. ...

After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if: (1) the commission certifies that the case is of general...

The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. ...

(a) On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may: (1) prohibit by injunction the respondent from engaging in an unlawful...

(a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this section, award: (1) compensatory damages;...

(a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of the costs. (b) The state, a state agency, or...

If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost of necessary workplace...

If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written request of a...

(a) A judicial proceeding under this chapter is by trial de novo. (b) A commission finding, recommendation, determination, or other action is not binding on a court. ...

A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep records relevant to the determination of whether...

The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program: (1) keep all records...

A report or record required by the commission under this subchapter must conform to a similar record or report required under
An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except as necessary to the conduct of a proceeding under this...

(a) If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report in accordance with this subchapter, the commission may...

In this subchapter: (1) DNA means deoxyribonucleic acid. (2) Family health history means a history taken by a physician or genetic professional to ascertain genetic or medical...

(a) Except as provided by Subsections (c) and (d), genetic information is confidential and privileged regardless of the source of the information. A person who holds that information may not...

An individual who submits to a genetic test has the right to know the results of that test. On the written request of the individual, the entity that performed the test shall disclose the test...

A sample of genetic material taken for a genetic test from an individual shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless: (1) the sample...

In this subchapter, state agency does not include a public junior college as defined by Section 61.003, Education Code. ...

Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity...

(a) The commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures comply with this chapter. (b)...

Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and provides its review and any recommendations...

(a) A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review under Section 21.453. The...

Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered...

This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has been adopted in accordance with other law. ...

Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, females, and other persons hired for...

In this subchapter, racial and ethnic group means Caucasian American, African American, or Hispanic American. ...

(a) The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting system. (b) The...

Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report under this subchapter for the following year. ...

(a) If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination to the comptroller. (b) On...

(a) A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, shall provide a comprehensive equal...

In this chapter: (1) Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property that results from a natural or man-made...

(a) Section 22.002 does not apply to individuals employed as emergency services personnel if the employer provides adequate emergency shelter for those individuals. (b) This chapter does not...

The purpose of this chapter is to ensure that a child is not employed in an occupation or manner that is detrimental to the child's safety, health, or well-being. ...

In this chapter: (1) Child means an individual under 18 years of age. (2) Commission means the Texas Employment Commission. ...

(a) This chapter does not apply to employment of a child: (1) employed in a: (A) nonhazardous occupation; (B) under the direct supervision of the child's parent or an adult...

Except as provided by this chapter, a person commits an offense if the person employs a child under 14 years of age. ...

The commission by rule may authorize the employment of children under 14 years of age as performers in a motion picture or a theatrical, radio, or television production. ...

(a) A person commits an offense if the person permits a child who is 14 or 15 years of age and who is employed by the person to work more than: (1) eight hours in one day; or (2) 48...

(a) The commission by rule shall declare an occupation to be hazardous if: (1) the occupation has been declared to be hazardous by an agency of the federal government; and (2) the...

(a) For purposes of this section: (1) Exempt organization means: (A) a charitable organization, as defined by Section 84.003, Civil Practice and Remedies Code; (B) an...

(a) The commission, or a person designated by the commission, may, during working hours: (1) inspect a place where there is good reason to believe that a child is employed or has been...

(a) A child who is at least 14 years of age may apply to the commission for a certificate of age that states the date of birth of the child. (b) The application must include documentary proof...

The commission may adopt rules necessary to promote the purpose of this chapter but may not adopt a rule permitting the employment of a child under 14 years of age unless expressly authorized by...

(a) The commission may require reports, conduct investigations, and take other action it considers necessary to implement this chapter. (b) In the discharge of the duties imposed by this...

(a) Except as provided by Subsection (b), an offense under this chapter is a Class B misdemeanor. (b) An offense under Section 51.014(d) or Section 51.0145 is a Class A misdemeanor. ...

It is a defense to prosecution of a person employing a child who does not meet the minimum age requirement for a type of employment that the person relied in good faith on an apparently valid...

The attorney general may seek injunctive relief in district court against an employer who repeatedly violates the requirements established by this chapter relating to the employment of children. ...

In this subchapter, asset means: (1) a credit, bank, or savings account or deposit; or (2) any other intangible or personal property. ...

(a) If, under a final order, a person is determined to be delinquent in the payment of any amount, including penalties, interest, or other amounts due under this chapter, the commission may notify...

(a) On receipt of a notice under Section 51.042, the person receiving the notice: (1) shall advise the commission not later than the 20th day after the date on which the notice is received...

(a) At any time during the 60-day period provided by Section 51.043(a)(2), the commission may levy on the asset or debt by delivery of a notice of levy. (b) On receipt of the levy notice, the...

A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, and debts involving the delinquent person that are...

A person acting in accordance with the terms of a notice issued by the commission under this subchapter is discharged from any obligation or liability to the delinquent person with respect to the...

(a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail. (b) The person may not...

An employer whose establishment was closed on Saturday or Sunday to comply with Chapter 15, Acts of the 57th Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas Civil Statutes),...

(a) A person commits an offense if the person: (1) is an officer or member of a crew of a foreign seagoing vessel; and (2) works on a wharf or levee of a port beyond the end of the...

(a) An employer of agricultural laborers may not require an employee to use a hoe that has a handle shorter than four feet while performing agricultural labor in a commercial farming operation....

(a) A person commits an offense if the person violates Section 52.021. (b) An offense under this section is a Class C misdemeanor. ...

(a) In this section, blacklist means to place on a book or list or publish the name of an employee of an individual, firm, company, or corporation who was discharged or who voluntarily left that...

(a) A person, firm, or corporation commits an offense if the person, firm, or corporation requires or attempts to require by coercion an employee to: (1) deal with a person, association,...

(a) An employer may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal, legislative, or...

In this chapter: (1) Commission means the Texas Employment Commission or its designee. (2) Day means a calendar day. (3) Employee means an individual who is employed by an...

(a) The commission shall: (1) administer this chapter; and (2) adopt rules as necessary to implement this chapter. (b) The commission may require reports, conduct investigations,...

This chapter does not apply to the United States, this state, or a political subdivision of this state. ...

(a) In the case of contumacy or other refusal by a person to obey a subpoena issued by a member of the commission or an authorized representative of the commission to that person, any county or...

(a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938
  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.012.  Designation of Paydays; Notice
(a) An employer shall designate paydays in accordance with Section 61.011. (b) If an employer fails to designate paydays, the employer's paydays are the first and 15th day of each month....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.013.  Payment Other Than on Payday
An employer shall pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another regular business day on the employee's request. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.014.  Payment After Termination of Employment
(a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged. (b) An employer shall pay in full an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.015.  Payment of Commissions and Bonuses
(a) Wages paid on commission and bonuses are due according to the terms of: (1) an agreement between the employee and employer; or (2) an applicable collective bargaining agreement....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.016.  Form of Payment
(a) An employer shall pay wages to an employee: (1) in United States currency; (2) by a written instrument issued by the employer that is negotiable on demand at full face value for...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.017.  Delivery of Payment
An employer shall pay wages by: (1) delivering them to the employee at the employee's regular place of employment during regular employment hours; (2) delivering them to the employee...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.018.  Deduction From Wages
An employer may not withhold or divert any part of an employee's wages unless the employer: (1) is ordered to do so by a court of competent jurisdiction; (2) is authorized to do so by...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER B.  PAYMENT OF WAGES
      • 61.020.  Failure to Pay Wages; Attorney General Action
The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.031.  Bond
(a) The commission may require an employer to deposit a bond if: (1) the employer is convicted of two violations of this chapter; or (2) a final order of the commission against an...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER C.  SECURITY FOR WAGE PAYMENTS
      • 61.032.  Suit to Enforce Bond Requirement
(a) If an employer fails to deposit a bond required under Section 61.031 before the 11th day after the date on which demand is made for the bond, the attorney general may bring a suit in the name...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.051.  Filing Wage Claim
(a) An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this subchapter. (b) A wage claim must be in writing on a form...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.052.  Preliminary Wage Determination Order
(a) The commission shall analyze each wage claim filed under Section 61.051 and, if the claim alleges facts actionable under this chapter, shall investigate the claim and issue a preliminary wage...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.053.  Bad Faith; Administrative Penalty
(a) If the commission determines that an employer acted in bad faith in not paying wages as required by this chapter, the commission, in addition to ordering the payment of the wages, may assess...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.054.  Request for Hearing on Preliminary Order
(a) Either party may request a hearing to contest a preliminary wage determination order. (b) The request for hearing must be made in writing not later than the 21st day after the date the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.055.  Preliminary Order Final if Hearing Not Requested
If neither party requests a hearing to contest a preliminary wage determination order within the period prescribed by Section 61.054, the order becomes the final order of the commission for all...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.056.  Payment Required if Hearing Not Requested
(a) An employer that does not request a hearing within the period prescribed by Section 61.054 to contest a preliminary wage determination order shall pay the amount ordered to the commission not...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.057.  Notice; Time for Hearing
(a) A notice regarding an administrative hearing conducted under this subchapter must be mailed by the commission not later than the 21st day after the date a request for the hearing is received...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.058.  Hearing Procedures
(a) A hearing conducted under this subchapter is subject to the rules and hearings procedures used by the commission in the determination of a claim for unemployment compensation benefits....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.059.  Commission Consideration of Preliminary Wage Determination Order
The commission may modify, affirm, or rescind a preliminary wage determination order. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.061.  Notice and Finality of Order
(a) The commission shall mail to each party to the appeal notice of: (1) the decision; (2) the amount of wages subject to the order; (3) the amount of any penalty assessed; and...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.062.  Judicial Review
(a) A party who has exhausted the party's administrative remedies under this chapter may bring a suit to appeal the order. (b) The suit must be filed not later than the 30th day after the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.063.  Payment to Commission; Escrow Pending Review; Waiver
(a) Not later than the 30th day after the date a commission order becomes final, the party required to pay wages or a penalty shall: (1) pay the amount to the commission; or (2) if the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.064.  Payment to Employee
Not later than the 30th day after the date on which a claim is finally adjudicated or otherwise resolved, the commission shall pay to the claimant wages collected under this subchapter and any...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.065.  Deposit of Penalty
The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER D.  WAGE CLAIMS
      • 61.067.  Reciprocal Collection Arrangements
The commission may enter into reciprocal arrangements with appropriate authorized agencies of the United States or other states for the collection of wage claims that are final under the laws of...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.081.  Creation and Attachment of Lien
(a) A final order of the commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is a lien on all the property belonging to the employer....

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.082.  Enforcement of Lien
(a) Subchapters A and B, Chapter 113, Tax Code, govern the enforcement of a lien established under this subchapter. (b) In administering and enforcing the lien, the commission has the duties...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.0825.  Priority of Lien
A lien established under this subchapter is superior to any other lien on the same property, with the exception of a lien for ad valorem taxes. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.083.  Filing; Fee
(a) A lien under this subchapter may be recorded in the book entitled State Tax Liens kept by the county clerk as provided by Section 113.004, Tax Code. (b) The commission shall pay the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.084.  Release of Lien
(a) A lien under this subchapter may be released in the manner provided by Subchapter A, Chapter 113, Tax Code, for a state tax lien. (b) If the liability secured by the lien is fully paid,...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER E.  ADMINISTRATIVE LIEN
      • 61.085.  Assignment of Lien
A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request. ...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.091.  Notice of Delinquency
(a) If, under a final order, a person is determined to be delinquent in the payment of wages, penalties, interest, or other amounts due under this chapter, the commission may notify personally or...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.093.  Levy
(a) At any time during the 60-day period provided by Section 61.092(a)(2), the commission may levy on the asset or debt by delivery of a notice of levy. (b) On receipt of the levy notice, the...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.094.  Notice Effect
A notice delivered under this subchapter is effective: (1) at the time of delivery against all property, rights to property, credits, or debts involving the delinquent person that are not...

  • chapter 61.  PAYMENT OF WAGES  
    • SUBCHAPTER F.  DELINQUENCY; LEVY
      • 61.095.  Discharge of Liability
A person acting in accordance with the terms of the notice issued by the commission under this subchapter is discharged from any obligation or liability to the delinquent person with respect to...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.001.  Short Title
This chapter may be cited as the Texas Minimum Wage Act. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.003.  Earnings Statement
(a) At the end of each pay period, an employer shall give each employee a written earnings statement covering the pay period. (b) An earnings statement must be signed by the employer or the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.004.  Provision of Information
The commission shall provide information to the public about this chapter to ensure that both employers and employees in this state are fully aware of: (1) their respective rights and...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 62.005.  Collective Bargaining Not Impaired
This chapter does not interfere with or in any way diminish the right of employees to bargain collectively with their employer through representatives chosen by the employees to establish wages...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.051.  Minimum Wage
Except as provided by Sections 62.055 and 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938
  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.053.  Cost of Meals or Lodging
In computing the wage paid to an employee, an employer may include the reasonable cost to the employer of furnishing meals, lodging, or both to the employee if: (1) meals or lodging...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.054.  Certain Employees Subject to Call
An employer may not be required to pay an employee who lives on the premises of a business and who is assigned certain working hours plus additional hours when the employee is subject to call for...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.055.  Special Wage for Certain Employees
(a) A person may be employed at a wage less than the applicable minimum wage under this chapter but not less than 60 percent of the minimum wage if: (1) the person's earning or productive...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER B.  MINIMUM WAGE
      • 62.056.  Medical Certificate
(a) An employer who employs a person described by Section 62.055(a)(1) at a wage lower than the applicable minimum wage under Section 62.051 is liable under Subchapter E unless before employing...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.101.  Definition.
In this subchapter, commissioner means the commissioner of agriculture. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.102.  Minimum Wage for Agricultural Piece Rate Workers
(a) A person employed as an agricultural piece rate worker to harvest a commodity for which a piece rate has been established by the commissioner under this subchapter is entitled to receive not...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.103.  Piece Rate Determined by Commissioner
(a) The commissioner shall determine a piece rate for each agricultural commodity that is commercially produced in substantial quantity in this state. (b) For each agricultural commodity, the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.104.  Collection of Information
(a) The commissioner shall collect sufficient information about the actual productivity of hand harvesters of agricultural commodities in this state to reasonably determine a piece rate for each...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.106.  Hearings
(a) Before issuing an order establishing a piece rate, the commissioner or a person designated by the commissioner shall hold a public hearing at which the proposed rate and the information from...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.107.  Order Establishing Piece Rate
(a) An order of the commissioner establishing or modifying a piece rate may not take effect before the 31st day after the date the order is issued. (b) Each order establishing a piece rate...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.108.  Rules
The commissioner may adopt rules necessary for the proper administration of this subchapter, including procedures for giving notice of and conducting hearings. ...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.109.  Appeal of Commissioner's Decision
(a) Unless set aside by a judgment of a court of competent jurisdiction, the commissioner's decision establishing a piece rate is final and binding on all parties subject to this chapter. (b)...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.110.  Change in Piece Rate
A new piece rate may be established for a commodity in the manner provided for the establishment of an initial piece rate at any time the information available to the commissioner indicates a...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.112.  Piece Rate for Certain Commodities Prohibited
(a) A piece rate may not be established for harvesting of a commodity if, in the commissioner's judgment: (1) sufficient information is not available for determining the average hourly...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.113.  Application to Direct Employment and Contract Labor
This subchapter applies to: (1) a person directly employed by an owner, operator, or manager of a farm; and (2) a person whose services to perform agricultural labor are furnished...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER C.  AGRICULTURAL PIECE RATE WORKERS
      • 62.114.  Suspension of Piece Rate
The commissioner by order may suspend a piece rate in a specified area for not more than 30 days in an emergency caused by: (1) a flood, hurricane, or other natural disaster; or (2) any...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.152.  Employment by Religious, Educational, Charitable, or Nonprofit Organization
An employer is exempt from this chapter with respect to the employment of a person who is: (1) a member of a religious order while the person is performing a service for or at the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.153.  Employment of Certain Professionals, Salespersons, and Public Officials
An employer is exempt from this chapter with respect to the employment of a person: (1) employed in a bona fide executive, administrative, or professional capacity; (2) employed as an...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.154.  Domestic Employment
An employer is exempt from this chapter with respect to the employment of a person who: (1) performs domestic services in or about a private home, including a person who performs the...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.155.  Employment of Certain Youths and Students
An employer is exempt from this chapter with respect to the employment of a person who: (1) is less than 18 years of age and is not a high school graduate or a graduate of a vocational...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.156.  Employment of Inmates
An employer is exempt from this chapter with respect to the employment of a person who performs services while imprisoned in the institutional division of the Texas Department of Criminal Justice...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.158.  Certain Amusement and Recreational Establishments
An employer is exempt from this chapter with respect to employment in an amusement or recreational establishment that: (1) does not operate for more than seven months in a calendar year; or...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.159.  Certain Employers Not Contributing to Unemployment Compensation Fund; Certificate
(a) An employer that is not liable for payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, is exempt from this chapter, except with respect to employment of a...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.160.  Agricultural Exemptions
(a) An employer is exempt from this chapter with respect to employment of a person in dairy farming. (b) Sections 62.051-62.054 and Subchapter C do not apply to an agricultural employer with...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER D.  EXEMPTIONS
      • 62.161.  Sheltered Workshops
A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering those...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.204.  Required Findings
At the trial of an action brought under this subchapter, the plaintiff recovers if the jury or the court finds from a preponderance of the evidence that: (1) the plaintiff is or has been...

  • chapter 62.  MINIMUM WAGE  
    • SUBCHAPTER E.  CIVIL PENALTY
      • 62.205.  Attorney's Fees; Costs
In addition to a judgment awarded to the plaintiff, the court shall allow reasonable attorney's fees and costs of the action to be paid by the defendant. ...

  • chapter 63.  ACTION ON ASSIGNMENT OF WAGES
    • 63.001.  Assignment of Unearned Wages; Notice Required
An employee's assignment of the employee's wages or a salary is not effective against the employee's employer in any suit for wages or salaries that are unearned at the time the assignment is...

  • chapter 63.  ACTION ON ASSIGNMENT OF WAGES
    • 63.002.  Exemption
This chapter does not affect Section 22.002, Education Code. ...

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.001.  Definitions
In this chapter: (1) Employer's evidence of indebtedness means an instrument, other than money, used by a person to pay an employee or laborer of the person for labor or otherwise....

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.002.  Redemption of Evidence of Indebtedness
(a) A person who uses an employer's evidence of indebtedness shall, on the demand for redemption and presentation of the employer's evidence of indebtedness by the holder on a regular payday,...

  • chapter 64.  REDEMPTION OF EMPLOYER'S EVIDENCES OF INDEBTEDNESS FOR WAGES
    • 64.003.  Action to Enforce Redemption; Penalty
(a) A holder who under Section 64.002 presents an employer's evidence of indebtedness and demands redemption is entitled, if the person using the employer's evidence of indebtedness refuses...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.001.  Definitions
In this chapter: (1) Clearinghouse means the Work and Family Policies Clearinghouse. (2) Commission means the Texas Employment Commission. (3) Committee means the Work and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.003.  Work and Family Policies Clearinghouse
The Work and Family Policies Clearinghouse is within the commission. ...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.0045.  Dependent Care Grant Program
(a) The clearinghouse may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects. (b) The clearinghouse shall adopt rules...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.005.  Deposit of Materials
Materials on employment-related family issues that are published by state agencies may be deposited with the clearinghouse for distribution to employers, job applicants, and other interested...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.006.  Work and Family Policies Fund
(a) The work and family policies fund is in the state treasury. Money in the fund is derived from fees deposited as required by Sections 191.0045 and 191.022(f), Health and Safety Code, and...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.007.  Rules
The commission by rule may adopt procedures to implement functions under Sections 81.004, 81.005, and 81.006(b). In adopting rules under this section, the commission shall consider the...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.008.  Gifts, Grants, and Donations
(a) The clearinghouse may accept a gift or grant from a public or private entity to fund any activity under this chapter. (b) The commission may accept a donation of money, services, or...

  • chapter 81.  WORK AND FAMILY POLICIES
    • 81.009.  Work-Family Facilitator
The clearinghouse may assign an employee to serve as a work-family facilitator who shall be responsible for assisting state agencies in developing work policies that assist agency employees in...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.002.  Discharge of Liability
(a) A payment or refund made by an employer or trustee under a written employee benefit plan to a person described by Subsection (b) fully discharges the employer or trustee from all adverse...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.003.  Notice
(a) The notice described by Section 82.002 must be received at: (1) the employer's principal place of business in this state, if given to an employer; or (2) the trustee's home...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.004.  Corporation May Transfer Stock Ownership
A corporation, the stock of which is a part of a payment or refund that is made as provided by Section 82.002, may accept the stock for transfer as directed by the employer or trustee and treat...

  • chapter 82.  DISCHARGE OF LIABILITY UNDER CERTAIN EMPLOYEE BENEFIT PLANS
    • 82.005.  Limited Effect
This chapter does not affect a claim or right to a payment or refund between persons other than: (1) an employer or trustee that makes the payment or refund; or (2) a corporation that...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.001.  Definitions
In this chapter: (1) Applicant means a business entity applying for a license or the renewal of a license under this chapter. (2) Assigned employee means an employee under a staff...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.002.  Rules
(a) The commissioner shall adopt rules as necessary to administer this chapter. (b) Each person who offers staff leasing services is subject to this chapter and the rules adopted by the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.003.  Interagency Cooperation
(a) Each state agency that in performing duties under other law affects the regulation of staff leasing services shall cooperate with the department, the commissioner, and other state agencies as...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.004.  Effect of Other Law on Clients and Employees
(a) This chapter does not exempt a client of a license holder, or any assigned employee, from any other license requirements imposed under local, state, or federal law. (b) An employee who is...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.005.  Application of Certain Procurement Laws
With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company's status or certification as a small,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 91.006.  Workers' Compensation Coverage
(a) A certificate of insurance coverage showing that a license holder maintains a policy of workers' compensation insurance constitutes proof of workers' compensation insurance coverage for the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.011.  License Required
A person may not engage in or offer staff leasing services in this state unless the person holds a license issued under this chapter. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.012.  General License Requirements
To be qualified to serve as a controlling person of a license holder under this chapter, that person must be at least 18 years of age and have educational, managerial, or business experience...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.013.  Background Investigations
(a) On receipt of an original application for a license, the department shall conduct a thorough background investigation of each individual applicant and of each controlling person of each...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.014.  Net Worth Requirements
(a) An applicant for an original or renewal license must demonstrate a net worth as follows: (1) $ 50,000 if the applicant employs fewer than 250 assigned employees; (2) $ 75,000 if...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.015.  License Application
(a) To receive a staff leasing services company original license, a person shall file with the department a written application accompanied by the application fee. (b) The department shall...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.016.  License Issuance; Term
(a) The department shall issue a license to an applicant who the department determines has met the requirements of this chapter. The department shall notify an applicant of any deficiency in the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.017.  Fees
(a) Each applicant for an original or renewal staff leasing services company license shall pay to the department before the issuance of the license or license renewal a fee set by the commission...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.018.  License Not Assignable; Change of Name or Location
(a) A license holder may not conduct business under any name other than that specified in the license. A license issued under this chapter is not assignable. A license holder may not conduct...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.019.  Limited License
(a) The commissioner by rule shall provide for the issuance of a limited license to a person who seeks to offer limited staff leasing services in this state. (b) For purposes of this section,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 91.021.  Sanctions
(a) On a finding that a ground for disciplinary action exists under one or more provisions of Section 91.020(a), the department shall impose administrative sanctions as provided by Section 51.353,...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER C.  STAFF LEASING SERVICES AGREEMENT
      • 91.031.  Agreement; Notice
(a) A license holder shall establish the terms of a staff leasing services agreement by a written contract between the license holder and the client company. (b) The license holder shall give...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.041.  Employee Benefit Plans; Required Disclosure; Other Reports
(a) A license holder may sponsor and maintain employee benefit plans for the benefit of assigned employees. A client company may include assigned employees in any benefit plan sponsored by the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.042.  Workers' Compensation Insurance
(a) A license holder may elect to obtain workers' compensation insurance coverage for the license holder's assigned employees through an insurance company as defined under Section 401.011(28) or...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.043.  Health Benefit Plans
(a) A license holder may not sponsor a plan of self-insurance for health benefits except as permitted by the Employee Retirement Income Security Act of 1974
  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.044.  Unemployment Taxes; Payroll
(a) A license holder is the employer of an assigned employee for purposes of Subtitle A, Title 4, and Chapter 61. In addition to any other reports required to be filed by law, a license holder...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.045.  Posting Requirements
(a) Each license holder shall post in a conspicuous place in the license holder's principal place of business in this state the license issued under this chapter. (b) Each license holder...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.047.  Compliance with Other Laws
Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.048.  Required Information
Each license holder shall: (1) maintain adequate books and records regarding the license holder's duties and responsibilities; (2) maintain and make available at all times to the...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER D.  POWERS AND DUTIES OF LICENSE HOLDER
      • 91.049.  Agent for Service of Process
Each license holder shall maintain a registered agent for the service of process in this state. ...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.062.  Action by Attorney General
(a) The commissioner may notify the attorney general of a violation of this chapter. The attorney general may apply to a district court in Travis County for permission to file for quo warranto...

  • chapter 91.  STAFF LEASING SERVICES  
    • SUBCHAPTER E.  PROHIBITED ACTS; PENALTY
      • 91.063.  Criminal Penalty
(a) A person who violates Section 91.061 commits an offense. (b) An offense under this section is a Class A misdemeanor. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.001.  Purpose
(a) The legislature finds that this chapter is necessary to: (1) provide for the health, safety, and welfare of workers throughout this state; and (2) establish uniform standards of...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.002.  Definitions
In this chapter: (1) Commission means the Texas Commission of Licensing and Regulation. (2) Commissioner means the commissioner of licensing and regulation. (3) Common...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 92.003.  Agency Powers and Duties
The department and commission shall exercise the regulatory, administrative, and licensing authority granted under this chapter as provided by Chapter 51, Occupations Code. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.011.  License Required
A person may not operate as a temporary common worker employer in this state unless the person holds a license issued under this chapter for each location at which the person operates. ...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.012.  Exemptions From Licensing Requirement
This chapter does not apply to: (1) a temporary skilled labor agency; (2) a staff leasing services company; (3) an employment counselor; (4) a talent agency; (5) a labor...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.013.  Effect of Other Regulation
(a) Except as provided by Subsection (b), a license issued under this chapter supersedes a license required or issued by a municipality or other governmental subdivision of this state, and a...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.014.  License Application and Issuance
(a) The department shall issue a temporary common worker employer license to a person who meets the application requirements established by the commissioner and pays the application and...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER B.  LICENSE REQUIREMENTS
      • 92.015.  License Renewal
(a) A license issued under this chapter is valid for one year from the date of issuance and may be renewed on payment of the required renewal fee. (b) If a license holder does not renew the...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.021.  License Holder as Employer
(a) Each license holder is the employer of the common workers provided by that license holder. (b) A license holder may hire, reassign, control, direct, and discharge the employees of the...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.023.  Posting of Certain Information
(a) Each license holder shall post the license for a place of business at which the license holder operates as a temporary common worker employer in a conspicuous place on the licensed premises...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.024.  Labor Hall Requirements
A license holder that operates a labor hall as part of a licensed premises shall provide adequate facilities for a worker waiting for a job assignment. The facilities must include: (1)...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER C.  POWERS AND DUTIES OF LICENSE HOLDER
      • 92.025.  Certain Charges and Deductions Prohibited
(a) A license holder may not charge a common worker for: (1) safety equipment, clothing, or accessories required by the nature of the work, either by law, custom, or the requirements of...

  • chapter 92.  TEMPORARY COMMON WORKER EMPLOYERS  
    • SUBCHAPTER D.  CRIMINAL PENALTY
      • 92.031.  Criminal Penalty
(a) A person commits an offense if the person knowingly or intentionally violates: (1) this chapter; (2) a rule adopted under this chapter; or (3) an administrative order adopted by...

  • chapter 93.  TEMPORARY EMPLOYMENT SERVICES
    • 93.003.  No Cause of Action
This chapter does not create a private cause of action for any person or class of persons. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.001.  Right to Organize
All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in their respective employment. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.002.  Right to Influence Another Regarding Employment
(a) A person by peaceful and lawful means may induce or attempt to induce another to: (1) enter or refuse to enter a particular employment; or (2) quit a particular employment in which...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.003.  Right to Bargain
A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER A.  RIGHTS OF WORKING PERSONS
      • 101.004.  Contract for Withholding Union Dues From Employee's Compensation Void Without Employee's Consent
A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unless the employee delivers to...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.051.  Definition
In this subchapter, labor union means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.052.  Denial of Employment Based on Labor Union Membership Prohibited
A person may not be denied employment based on membership or nonmembership in a labor union. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER B.  RIGHT TO WORK
      • 101.053.  Contract Requiring or Prohibiting Labor Union Membership Void
A contract is void if it requires that, to work for an employer, employees or applicants for employment: (1) must be or may not be members of a labor union; or (2) must remain or may not...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.101.  Definitions
In this subchapter: (1) Enforcement officer means the attorney general, district attorney, or county attorney. (2) Labor organizer means a person who for a financial consideration...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.102.  Legislative Findings; Policy
(a) The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost all business and industrial enterprises,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.103.  Liberal Construction
(a) This subchapter shall be liberally construed to: (1) achieve the purposes provided by Section 101.102; and (2) protect the rights of working persons to work and to organize for...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.104.  Method of Election of Officers, Agents, Organizers, and Representatives
(a) An officer, agent, organizer, or representative of a labor union must be elected by secret ballot and by majority vote of the members present and participating, except as provided by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.105.  Annual Election of Officers, Agents, Organizers, and Representatives
An election for labor union officers, agents, organizers, and representatives must be held at least once each year, except as provided by Section 101.108. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.106.  Notice of Election
Except as provided by Section 101.108, a labor union shall give members at least seven days' notice of an election under Section 101.105. The notice must be given in the manner most convenient to...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.107.  Results of Election
The results of an election held under Section 101.105 shall be determined and declared by the president and the secretary at the time in the presence of the members or delegates participating,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.108.  Certain Unions Excepted
Sections 101.104-101.107 do not apply to a union that: (1) under its constitution, bylaws, or other organization rules, held its elections for officers and representatives every three...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.109.  Certain Persons Prohibited From Holding Office
(a) A person may not serve as a labor union officer or as a labor organizer if the person: (1) is an alien; or (2) has been convicted of a felony. (b) Subsection (a) does not apply...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.110.  Labor Organizers; Organizer's Card
(a) A labor organizer operating in this state must apply in writing for an organizer's card before soliciting members for the organizer's organization. (b) An application for an organizer's...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.112.  Excessive Fees Prohibited
(a) A labor union or an officer, agent, or member of a labor union may not charge or receive initiation fees, dues, fines, or other assessments to create a fund that exceeds the reasonable...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.114.  Fee Receipt Required
A labor organizer or an officer, agent, or member of a labor union may not collect a fee, dues, or other sum in connection with membership in a labor union from a person without giving the person...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.115.  Construction of Fee Restrictions
Sections 101.111, 101.113, and 101.114 may not be construed as preventing any type of bargaining agreement or limiting the bargaining power of a labor union. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.116.  Member in Armed Forces
A union member who, because of service with the United States armed forces, has been unable to pay any dues or assessment levied by a union to which the member belonged may not be required to make...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.118.  Expulsion of Member
(a) A labor union may not expel a union member without: (1) good cause; and (2) a fair and public hearing by and within the organization, after due notice and an opportunity to be...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.120.  Reports
A labor union required to file reports with the United States Secretary of Labor under Section 201, Labor-Management Reporting and Disclosure Act of 1959
  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.121.  Civil Penalty
A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $ 1,000 for each violation. The civil penalty may be recovered in the name of the state,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.122.  Enforcement by Civil Process
(a) A district court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent injunction, or any other writ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER C.  REGULATION OF LABOR UNIONS
      • 101.124.  Enforcement Officers
The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall: (1) prosecute all criminal proceedings under this subchapter; and...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.151.  Definition
In this subchapter, picketing includes the stationing of a person for an organization to: (1) induce anyone not to enter the premises being picketed; (2) observe the premises being...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.152.  Mass Picketing Prohibited
(a) A person may not engage in any form of picketing activity in which a picket constitutes any character of obstacle to the free ingress to and egress from an entrance to any premises, either by...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.153.  Use of Insulting, Threatening, or Obscene Language Prohibited
A person may not, by use of insulting, threatening, or obscene language, interfere with or intimidate or seek to interfere with or intimidate another: (1) in the exercise of the other...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.155.  Declaration or Publication of Continuation of Enjoined Picketing Prohibited
A person may not declare or publicize the continued existence of actual or constructive picketing at a point or directed against a premises after a court of competent jurisdiction has enjoined the...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER D.  PICKETING
      • 101.156.  Offense; Penalty
(a) A person commits an offense if the person violates Section 101.152, 101.153, 101.154, or 101.155. Each separate act of violation constitutes a separate offense. (b) An offense under this...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.201.  Secondary Picketing Prohibited
(a) A person may not establish, call, participate in, or aid picketing at or near the premises of an employer with whom a labor dispute does not exist. (b) In this section: (1)...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.202.  Offense; Penalty
(a) A person commits an offense if the person violates any provision of this subchapter. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not more than $...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.203.  Civil Liability
(a) A person who violates any provision of this subchapter is liable to a person damaged by the violation for the damages resulting from the violation. (b) A person damaged by a violation of...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.204.  Enforcement
The state, acting through the attorney general or a district attorney or county attorney, may institute a suit in district court to enjoin a person from violating this subchapter. ...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER E.  SECONDARY PICKETING
      • 101.205.  Venue
Venue for a suit or cause of action arising under this subchapter is in: (1) the county in which the violation is alleged to have occurred; (2) the county in which the defendant resides;...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER F.  LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
      • 101.251.  Definitions
In this subchapter: (1) Labor organization means any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER F.  LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
      • 101.252.  Liability of Labor Organization
A labor organization whose members picket or strike against a person is liable for damages for a loss resulting to the person because of the picketing or strike if a court of competent...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.301.  Interference With Right to Work; Liability
(a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization. (b) In the exercise of the right to work,...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.302.  Injunctive Relief
(a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter. (b) The district courts shall grant injunctive relief...

  • chapter 101.  LABOR ORGANIZATIONS  
    • SUBCHAPTER G.  INTERFERENCE WITH RIGHT TO WORK
      • 101.303.  Assignment of District Judge
Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the cause of action may apply to the presiding judge of the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 102.001.  Definition
In this chapter, board means an arbitration board appointed under this chapter. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER A.  GENERAL PROVISIONS
      • 102.002.  Dispute Resolution Through Arbitration
(a) An employer and employees may submit a dispute or grievance resulting from the employer's and employees' work relationship to a board for a hearing and determination. (b) An arbitration...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.011.  Number of Board Members
A board established under this chapter must be composed of five members. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.012.  Employer Representation on Board
The employer may designate two arbitrators to serve on the board. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.013.  Employee Representation on Board
(a) In a dispute or grievance in which the affected employees are members in good standing of a labor organization: (1) if the organization is represented by a delegate in a central body,...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.015.  Board Secretary
The board shall select one member to act as secretary for the board. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER B.  SELECTION OF BOARD AND OFFICERS
      • 102.016.  Arbitrator's Consent to Act
(a) An arbitrator selected under this chapter must: (1) sign a form consenting to serve as an arbitrator; and (2) take and sign an oath administered by an officer authorized to...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER C.  POWERS AND DUTIES OF BOARD AND OFFICERS
      • 102.021.  Powers and Duties of Board
(a) A board may adopt and enforce rules to be followed at board hearings. (b) The board may set a schedule of sessions and adjournments. (c) The board shall hear and examine witnesses...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER C.  POWERS AND DUTIES OF BOARD AND OFFICERS
      • 102.022.  Chairman's Duties
(a) The chairman of the board may: (1) administer oaths; and (2) issue subpoenas for the production of books and papers and the attendance of witnesses. (b) The chairman of the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER C.  POWERS AND DUTIES OF BOARD AND OFFICERS
      • 102.023.  Issuance of Subpoenas
(a) The board's secretary shall sign each subpoena issued under this chapter. (b) The board may authorize a person of full age to serve a subpoena issued under this chapter. ...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER D.  PARTY CONDUCT
      • 102.031.  Employee Termination Restricted
During the period that the arbitration is pending, an employer or receiver or an agent of the employer may not discharge an employee who is a party to the arbitration except for: (1) the...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER D.  PARTY CONDUCT
      • 102.032.  Prohibitions Against Strikes or Boycotts
(a) During the period that arbitration is pending, a labor organization that represents employees who are parties to the arbitration may not order or aid employees in a strike or boycott against...

  • chapter 102.  LABOR ARBITRATION  
    • SUBCHAPTER E.&n