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What is
Employment Law?

Employment law is a complex field that governs the relationship between employers and employees. It covers topics like hiring, firing, discrimination, wages, and workplace safety. At Espinoza & Brock, our employment lawyers in San Antonio are here to help you understand these laws, protect your rights, and ensure fair treatment in the workplace.

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Employment Law Rights and Responsibilities 

As an employee, you have certain rights and responsibilities under employment law in San Antonio. These include:

  • The right to a safe and healthy work environment
  • The right to be paid at least the minimum wage
  • The right to be paid overtime for working consecutively over 40 hours
  • The right to join a trade union
  • The right to protection against discrimination based on a protected class like a person's race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. 

You also have a responsibility to:

  • Follow your employer's rules and policies, especially safety policies
  • Work to the best of your ability
  • Treat your colleagues with respect and dignity
  • Protect your employer's confidential information

Types of Texas Employment Law

Texas has its own laws governing employment, which differ from federal regulations. Here are some key points to keep in mind:

At-Will Employment

Texas is an at-will employment state, which means that employers can terminate employees for any reason as long as it is not illegal. Likewise, employees can quit their jobs anytime, for any reason. This rule has some exceptions, such as when an employment contract has been signed.

Minimum Wage

The minimum wage in Texas is $7.25 per hour; however, some cities in Texas have minimum wage laws that require employers to pay a higher wage.

Overtime Pay

Under Texas law, employers must pay non-exempt employees overtime pay at a rate of 1.5 times their regular hourly rate for any hours worked over 40 in a workweek. It’s important to know that some employees, such as executive, administrative, and professional employees, are exempt from overtime pay if they qualify.

Discrimination

Texas law prohibits discrimination in employment based on:

  • Race
  • Color
  • National origin
  • Sex
  • Religion
  • Age (over 40)
  • Disability
  • Pregnancy

Employers must also provide reasonable accommodations for employees with disabilities unless doing so would cause an undue hardship.

Workers' Compensation

Texas is the only state in the country that does not require employers to carry workers' compensation insurance. However, employers who do not have workers' compensation insurance may be liable for damages in the event of a workplace injury or illness.

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What is Discrimination
in Employment?

Discrimination in employment refers to mistreating an employee or job applicant based on protected characteristics. It can take many forms, including:

  • Pay disparities
  • Unequal opportunities for promotion
  • Harassment
  • Termination

Intentional discrimination occurs when an employer consciously mistreats an employee or job applicant based on a protected characteristic. Unintentional discrimination occurs when an employer's policies or practices disproportionately impact a particular group of people, even if the employer did not intend to discriminate.

Several federal laws protect employees from discrimination in the workplace. These include:

  • Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin
  • The Age Discrimination in Employment Act prohibits discrimination against employees who are 40 years of age or older
  • The Americans with Disabilities Act prohibits discrimination against employees with disabilities
  • The Pregnancy Discrimination Act prohibits discrimination against employees based on pregnancy, childbirth, or related medical conditions 

Important Workplace Safety Laws

Ensuring a safe work environment is crucial for both employers and employees. In the United States, there are several workplace safety laws in place to protect workers from hazards and accidents. Two of the most important laws are the Occupational Safety and Health Act (OSHA) and Workers' Compensation.

Occupational Safety and Health Act

OSHA was enacted in 1970 and is responsible for setting and enforcing safety standards in the workplace. The law applies to all employers and employees in the private sector and federal, state, and local government employees. OSHA requires employers to provide a safe and healthy work environment for their employees, and employees have the right to file a complaint if they believe their workplace is unsafe. OSHA has a wide range of regulations that cover everything from hazardous chemicals to machinery safety. Employers must provide training and protective equipment to employees, and they must also keep accurate records of workplace injuries and illnesses.

Workers' Compensation

Workers' Compensation is a system that benefits employees who are injured or become ill due to their jobs. The system is designed to protect employees by providing medical care, rehabilitation, and lost wages. In exchange for these benefits, employees give up their right to sue their employer for negligence. These benefits are mandatory in most states, and employers must carry insurance to cover claims costs. If an employee is injured on the job, they must report the injury to their employer and file a claim with the Workers' Compensation insurance carrier.

Wage and Hour Laws

The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, and youth employment standards for employees in the private sector and federal, state, and local governments.

This law requires employers to pay non-exempt employees at least the federal minimum wage and overtime pay at one and one-half times the regular pay rate for all hours worked over 40 in a workweek.

The FLSA also regulates child labor and requires employers to maintain certain records related to wages and hours worked. Some employees are exempt from the FLSA's requirements, but the exemption criteria are specific and must be met.

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What to Know About the Family and Medical
Leave Act

If you work for a company with 50 or more employees, you are entitled to take up to 12 weeks of unpaid leave in 12 months under the Family and Medical Leave Act (FMLA). This leave can be used for a variety of reasons, such as:

  • The birth or adoption of a child
  • Caring for a seriously ill family member
  • Your own serious health condition

During your FMLA leave, your employer must continue to provide you with group health insurance coverage. Additionally, upon your return to work, your employer must reinstate you to your former or equivalent position with the same pay, benefits, and working conditions.

To be eligible for FMLA leave, you must:

  • Have worked for your employer for at least 12 months
  • Have worked at least 1,250 hours during the previous 12 months
  • Provide your employer with at least 30 days' notice before taking FMLA leave or as much notice as is practicable

It is illegal for your employer to retaliate against you for taking FMLA leave or attempting to exercise your rights under the FMLA. If you believe your employer has violated your FMLA rights, you may file a complaint with the U.S. Department of Labor's Wage and Hour Division.

Termination of Employment in San Antonio

Wrongful termination is when an employer terminates an employee for an illegal reason. Remember that employers benefit from an at-will employment relationship. Which means an employee can be fired for any nondiscriminatory reason, and an employee can quit for any reason, without notice. Some examples of illegal reasons include:

  • Discrimination
  • Sexual Harassment
  • Retaliation for opposing a discriminatory practice
  • Retaliation for filing a workers’ compensation claim
  • Violation of public policy 

If you are terminated, you may be eligible for unemployment insurance benefits. These benefits are designed to provide temporary financial assistance to individuals who have lost their jobs through no fault of their own. To be eligible for unemployment insurance, you must meet specific requirements, such as being able and available to work.

It is important to note that if you were terminated for misconduct, you may not be eligible for unemployment insurance benefits. Misconduct can include things like:

  • Theft
  • Dishonesty
  • Violation of company policy
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Dispute Resolution: Mediation and Arbitration

When disputes arise between employees and employers, it is essential to have a clear and effective process for resolving them.

Mediation and arbitration are two forms of alternative dispute resolution that can be used to resolve employment disputes outside of court. In mediation, a neutral third party helps the parties involved in the dispute reach a mutually acceptable agreement. In arbitration, a neutral third party hears arguments from both sides and makes a binding decision.

Mediation and arbitration can be faster and less expensive than litigation, and they can also be less adversarial. They can be beneficial for resolving disputes involving sensitive or complex issues, such as discrimination or harassment.

Employment litigation involves taking a dispute to court. Litigation can be lengthy and expensive but can provide a more formal and structured way to resolve conflicts. This can be particularly useful when other forms of dispute resolution have failed or when the issues involved are particularly complex or contentious.

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Espinoza & Brock Are Here to Help

At Espinoza & Brock, we understand that choosing the right employment lawyers in San Antonio can be daunting. That's why we're here to make it easy for you. With our team of experienced attorneys, we have the knowledge and expertise to handle a wide range of employment law cases in San Antonio and El Paso. Whether you're dealing with discrimination, harassment, wrongful termination, or any other employment-related issue, we're here to help.

Simply put, we’re dedicated to fighting for your rights and ensuring you receive the best possible outcome. Don't wait any longer to get the legal representation you deserve. Contact us today to schedule a consultation, and let us help you navigate the complexities of employment law.

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