Texas employment law compliance requirements

Non-competes in Texas must be ancillary to an enforceable agreement, contain reasonable limitations on time/scope/geography, and not impose greater restraint than necessary.

Tex. Bus. & Com. Code § 15.50 · effective Jan 2020

A covenant not to compete is enforceable only if it is ancillary to an otherwise enforceable agreement and contains reasonable limitations as to time, geographical area, and scope of activity.

Tex. Bus. & Com. Code § 15.50(a) · effective Sep 1993 · source

Texas sexual harassment laws apply to all employers with one or more employees, expanding liability beyond the standard 15-employee threshold for other discrimination claims.

Tex. Lab. Code § 21.141 · effective Sep 2021 · source

Private employers in Texas must grant a temporary leave of absence to employees who are members of the Texas military forces called to active duty or training. Upon return, the employee must be reinstated to their previous position with the same seniority, status, and pay.

Tex. Gov't Code Ann. § 437.213 · effective Jun 2013 · source

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers must post the prescribed posters concerning the Texas Payday Law and Unemployment Compensation in a conspicuous place where employees can easily see them.

40 Tex. Admin. Code § 815.19 · effective Apr 2015 · source

Texas employers must pay non-exempt employees at least twice per month and exempt employees at least once per month. Employers must also designate official paydays and post notices of these dates in conspicuous locations throughout the workplace.

Tex. Lab. Code §§ 61.011, 61.012 · effective Sep 1993 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

An employer must pay an employee who is discharged or terminated their final wages in full within six calendar days of the discharge date.

Tex. Lab. Code § 61.014(a) · effective Sep 1993 · source

An employer must pay an employee who voluntarily resigns or quits their final wages no later than the next regularly scheduled payday.

Tex. Lab. Code § 61.014(b) · effective Sep 1993 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Texas employers generally cannot prohibit employees who legally possess firearms or ammunition from storing them in their locked, privately owned motor vehicles in employer-provided parking lots. There are limited exceptions for certain workplaces like schools or secured locations.

Tex. Lab. Code Ann. § 52.061 · effective Sep 2011 · source

Texas employers are prohibited from discharging or discriminating against an employee who leaves work to comply with an official emergency evacuation order. This protection applies to evacuations ordered under a state of disaster.

Tex. Lab. Code Ann. § 22.002 · effective Sep 2007 · source

Texas employers are prohibited from discharging, threatening, or otherwise penalizing an employee because the employee receives or responds to a jury summons, or serves as a juror. Employees terminated in violation of this law are entitled to reinstatement and damages.

Tex. Civ. Prac. & Rem. Code Ann. § 122.001 · effective Sep 1985 · source

Texas employers are prohibited from discharging or penalizing an employee for complying with a subpoena to attend a civil, criminal, legislative, or administrative proceeding. This ensures employees can fulfill legal obligations without fear of retaliation.

Tex. Lab. Code Ann. § 52.051 · effective Sep 1993 · source

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Texas is an at-will employment state. Employment can be terminated by either party for any lawful reason.

Tex. Lab. Code § 21.001 et seq. · effective Jan 2020

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

Texas employers must provide employees with paid time off to vote on an election day if they do not have two consecutive hours of non-working time while polls are open.

Tex. Elec. Code § 276.004 · effective Jan 1986 · source