As in every state, employee rights in Texas are protected by law. When businesses violate or are accused of violating employees’ rights, it becomes necessary to hire an employment litigation attorney in Austin. At Howry Breen & Herman, we represent individuals and businesses in all manner of employment law issues. Our team of highly skilled and awarded attorneys have decades of jury trial experience and have tried thousands of cases. We represent individuals who are the victim of discrimination, workplace harassment, wrongful termination, and other labor law violations.
Discuss your case with a member of our team; call (512) 430-4844 or fill out an online contact form to request a free, confidential case evaluation.
Types of Employment Law Cases We Handle
Whether you been unfairly treated by an employer or you are facing untrue allegations from a past employee, our firm can help you navigate the legal process. We have experience handling a broad range of highly complex employment law issues and are not afraid to take a case to trial whenever necessary.
We can assist you with the following types of employment law issues:
- Minimum wage violations
- Failure to pay overtime
- Meal and break violations
- Wrongful termination
- Workplace safety violations
- Family and medical leave issues
This list is not exhaustive. Our firm can help you with other employment litigation as well; contact our office to learn more or to discuss your unique needs with one of our Austin employment law attorneys.
Employee Rights in Texas
As mentioned above, certain employee rights are protected under Texas employment law. It is incredibly important that both employees and employers fully understand these laws so that they can avoid disputes and lengthy litigation as much as possible.
Texas and federal employment law protect employees from:
- Discrimination on the basis of race, ethnicity, religion, sex, marital status, pregnancy, age, disability, genetic information, and national origin: Employers cannot discriminate at any point during the employee-employer relationship, including during job interviews, hiring decisions, firing, promotions, benefits, etc.
- Harassment, including sexual harassment or any unwanted or unwelcome comments or actions based on a protected trait (as listed above): This can include the creation of a hostile work environment or an offensive workplace atmosphere that the employee must endure to obtain or retain a job.
- Wrongful termination, including firing on the basis of religion, sex, gender, race, disability, or any other protected trait: Although Texas is an at-will state, meaning employers are free to fire employees for almost any reason, they cannot terminate employment for discriminatory reasons. They are also not allowed to fire employees in retaliation.
- Unfair wages, including wages below the Texas/federal minimum wage of $7.25 an hour: Employers must pay employees the highest minimum wage allowable under law, though there are some exceptions. If an employee makes enough tips to bring his or her hourly wage up to the federal minimum wage, an employer may pay less per hour.
- Hour law violations, including failure to pay the overtime rate of time and a half whenever an employee works more than 40 hours in one week: There are exceptions to this, however. Salaried employees, including managers, are typically exempt from overtime law. Additionally, employees have the right to regular breaks which are dependent on the hours worked.
This is not a comprehensive list of employee rights in Texas but rather an overview of the employment laws that are most commonly violated. Employers may also be required to provide employees with unpaid time off work for military service, family leave, jury duty, and voting.
Speak with an Experienced Litigator
Every case is different. Because of this, it is important that you discuss your unique situation with an employment litigation lawyer in Austin as soon as possible. At Howry Breen & Herman, we take the time to meet with you, learn about your circumstances, and understand your particular goals. From there, we are able to build a strong case on your behalf. We understand what’s at stake. Our team is prepared to aggressively advocate for you and your rights.
Call (512) 430-4844 or fill out an online contact form to schedule your free initial consultation today.