Employers in Texas are governed by federal labor laws and state labor laws enforced by the Texas Workforce Commission (TWC) and various other agencies. According to the TWC’s official website, “all Texas employers must display posters containing information on the Workers’ Compensation Program, the Uniformed Services Employment and Reemployment Rights Act, the Fair Labor Standards Act, the Employee Polygraph Protection Act, and the Occupational Safety and Health Act.” In addition, employers of certain sizes and in particular industries are subject to certain Texas laws (like the Texas Payday Law) and additional posting requirements.
To understand these posting requirements, let’s first review Texas-specific programs and labor laws, and then address the federal laws that require Texas employers to post notices.
Texas Labor Laws Requiring Posters
Texas Payday Law
The Texas Payday Law establishes payday frequency requirements for two classes of employees. Employees who are exempt from the FLSA’s overtime pay provisions must be paid by their employer at least once per month. All other employees must be paid at least semi-monthly with uniform pay periods.
What does the Texas Payday Law mean for Texas employers?
Employers must comply with the law’s payday provisions and conspicuously post a notice of scheduled paydays for all employees. Additionally, if employees are eligible for state employment benefits, employers must post information about this eligibility as well.
Workers’ Compensation Program
The workers’ compensation program governs employee rights and employer responsibilities when an employee is injured or becomes ill on the job. The Texas Department of Insurance (TDI) oversees the administration of the Texas Division of Workers’ Compensation. The Division enforces employer compliance with the Texas Labor Code, the Texas Workers’ Compensation Act, and various other labor regulations.
What does the workers’ compensation program mean for Texas employers?
Texas employers who provide workers’ compensation insurance must post a notice informing employees of this coverage, the effective dates, and their insurance company’s name. Employers who do not provide workers’ compensation insurance are also required to post a notice. Self-insured employers must post a notice declaring that they are self-insured. Under the law, all employers participating in the workers’ compensation system must also post a notice of the Office of Injured Employee Counsel’s Ombudsman Program. An ombudsman assists Texas employees when disputes arise with employer insurance companies.
Federal Laws Governing Posters in Texas Workplaces
Equal Employment Opportunity (EEO) Law
The Civil Rights Act of 1964 focuses on protecting Americans from discrimination in the workplace. The law established the Equal Employment Opportunity Commission (the EEOC), a federal agency that helps protect employees’ rights under various federal laws that include Title VII of the Civil Rights Act, the Americans with Disabilities Act of 1990, and the Age Discrimination in Employment Act.
What does EEO law mean for Texas employers?
Employers cannot take an adverse action—such as terminating employment, failing to hire, or failing to promote—against a job candidate or current employee based on a “protected class,” which is defined as race, color, religion, sex (including pregnancy), national origin, age, disability, or genetic information. The law requires most employers to post notices regarding employees’ EEO rights to ensure employee awareness and employer compliance with the law. These include the EEO is the Law poster, which includes information for employees on filing complaints, and the EEO is the Law Poster Supplement.
Fair Labor Standards Act
In 1938, the Fair Labor Standards Act (FLSA) was enacted and created the first federal minimum wage. It also created laws regarding employee eligibility for overtime pay, employer recordkeeping, and child labor standards. The FLSA applies to private employers as well as federal, state, and local government employers.
What does the FLSA mean for Texas employers?
Since July 2009, the federal minimum wage has been $7.25 per hour. The FLSA has posting requirements for certain provisions of the Act, including minimum wage information. Of course, Texas has its own requirements, outlined above, regarding payment of wages.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act of 1994 is a federal labor law that provides civilian employment rights for active-duty military personnel and veterans.
What does USERRA mean for Texas employers?
In some circumstances, USERRA requires employers to reemploy servicemembers in their civilian jobs after completing a tour of duty. The Act also prohibits workplace discrimination against servicemembers and veterans.
The Employee Polygraph Protection Act (EPPA)
The Employee Polygraph Protection Act, which was enacted in 1988, prohibits most private employers from using lie detector tests in connection with employment.
What does the EPPA mean for Texas employers
In most instances, the EPPA prohibits private employers from asking a job applicant or an employee to take a lie detector (polygraph) test. Additionally, employers may not take any disciplinary action against applicants or employees who refuse to take such a test.
Occupational Safety and Health Act
In 1970, President Richard Nixon signed the Occupational Safety and Health Act into law. The law created the Occupational Safety and Health Administration (OSHA), a federal agency designed “to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.”
What does the OSHA law mean for Texas employers?
All public and most private employers must provide a safe work environment for their employees. These responsibilities include compliance inspections, workplace injury recordkeeping, and mandatory workplace postings.
Family and Medical Leave Act
President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law in 1993. The FMLA applies to private companies with 50 or more employees, all public employers, and all public and private elementary and secondary schools.
What does the FMLA mean for Texas employers?
The FMLA requires employers to give employees up to 12 weeks of unpaid leave under certain circumstances, including the following:
- For the birth and care of a newborn child of an employee
- For the adoption or foster care placement of a child with an employee
- To care for an employee’s immediate family member who has a serious health condition
- To take medical leave for an employee’s own serious health condition that renders her unable to work
To qualify for leave, employees must have worked for their employer for at least 12 months and worked at least 1,250 hours during the last 12 months before the leave would begin. The FMLA requires employers to post a notice explaining employees’ right to leave, as well as the benefits, protections, and eligibility requirements under the law.
How to Comply with Texas Labor Law Posting Requirements
It can be overwhelming to keep up with the latest federal and state posting requirements in Texas. Fortunately, an all-in-one set of federal and Texas posters makes it simple for Texas employers to comply with the most recent updates to the laws.
We’ve just outlined the baseline list of postings in this article. The TWC may require additional mandatory postings depending on your industry or the size of your company. Check our website for more details about Texas posting requirements, or call us at (800) 322-3636 with any questions about your posting requirements under Texas or federal law.