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The Labor of Understanding Employment Law in Texas
By:  Baylor Wortham

Ok.  I know what you’re probably thinking.  “Employment law?  That isn’t something that applies to me.  I have a job, and I am perfectly content with it.  Employment law isn’t something that I need to worry about.”  Admit it.  The thought probably crossed your mind when you first saw this article about understanding employment law in Texas.  How did I know that?  Because I used to mistakenly think the same way anytime I encountered an employment law discussion or article.  However, whether you realize it or not, employment law is an area of law that affects virtually every person in Texas, regardless of whether they are employed, unemployed, or happily retired, and running afoul of these laws can result in some very unpleasant (and expensive) consequences. 

If you still don’t believe me, then allow me to ask you a few questions.  Do you regularly pay someone to clean your home?  Mow your grass?  Care for your children?  If so, do any of these people have a criminal record?  Did you ask when you hired them?  Can you legally ask them about their criminal history?  Are any of these people non-U.S. citizens?  If so, do you know if they are legally permitted to work in the United States?  Did you ask when you hired them?  Can you legally ask them about their nationality and immigration status?  Did you ask them to sign an employment contract?  Do you know what provisions should be included in such a contract?  If the answers to these questions are starting to make you nervous, then don’t worry.  The Texas Young Lawyers Association is here to help!

This year the TYLA Law Focused Education Committee is pleased to announce the latest additions to the TYLA library.  Namely, the publication of three consumer education pamphlets that are all intended to educate the general public on common employment law issues in Texas.  The first pamphlet is titled “Hiring an Employee with a Record” and is intended to educate employers about the legal restrictions surrounding background checks in the hiring process as well as ways to avoid discrimination.  This guide addresses not only criminal background investigations, but also financial background checks.  Additionally, this guide discusses many of the incentives that employers have to hire employees with records, including possible tax incentives. 

The second pamphlet is titled “Hiring a Non-Citizen Household Staff” and is intended to educate the general public about the reporting requirements surrounding immigrants and household employees.  The guide provides a step-by-step process of the forms that must be completed by the employing household as well as the tax obligations that must be paid for such an employee.  The guide also explains the factors that distinguish whether someone is legally categorized as a household employee or an independent contractor, and how the difference in designation can affect the reporting requirements.  Likewise, the guide also provides general considerations for hiring household staff, including the use of an employment contract and compliance with the state and federal labor laws.  

Finally, the third pamphlet is titled “Understanding Employment Contracts in Texas” and is intended to educate both employers and employees about the basic principles of an employment contract in Texas.  The guide discusses in layman’s terms the most commonly used provisions in employment contracts, including the job description and duties, compensation and benefits, length of employment, non-competition clauses, and other various employment provisions.  The guide also explains other employment agreements such as collective bargaining agreements, which are typically negotiated by an entire body of employees, such as a trade group or labor union.  Lastly, the guide provides an overview of educator employment contracts, which are specifically regulated by state law.  

The TYLA Law Focused Education Committee anticipates that these pamphlets will be a helpful and convenient resource for anyone making hiring decisions, whether in the home or workplace setting.  These free pamphlets are available online at tyla.org under the “Resources” tab for “General Public.” These publications are also expected to be in print in the near future.  For more details on this project as well as many others, please contact your local Texas Young Lawyer representative or go to tyla.org.