Employment Law FAQ

As an employee, you have the right to privacy, fair compensation, freedom from discrimination, freedom from harassment, a safe workplace, freedom from retaliation and the right to fair wages for work performed.

It is illegal for an employer to ask about your race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy status, disability, age or genetic information, citizenship, number of children, or marital status. In addition, an employer cannot ask about your medical status.

An employer does have the right to ask about your wage history, your criminal history and alternative legal questions.

Generally, federal laws are applicable to businesses with 15 or more employees. For example, an employer with 15 or more employees will have to pay overtime to an employee who works more than 40 hours. However, if a small-business employer offers the same rate of salary pay even if the employee calls out of work then they do not have to pay the employee overtime.

All clauses in Title VII only apply to employers with 15 or more employees. However, there are additional acts that protect employees who work for small businesses. Consult a lawyer to discuss which federal laws apply to your case.

The differences between a contractor and an employee are determined by the quality of the working relationship. Typically, employees would use their employers’ tools to complete their work and contractors would use their own.

A major difference is in the extent of employment. A contractor may sign a contract that lasts six to twelve months, whereas an employee might sign on to work for at least three years. In addition, the laws that protect employees do not provide the same protection for contractors.

Texas is an employment ‘at will’ state, meaning that an employer can generally fire any employee for any reason if they do not have a contract. Likewise, an employee can quit without notice for any reason, if they do not have a contract.

There are some exception as to when an employer can fire one of its workers. These reasons include a worker’s age, race or gender.

If you suspect that your employer has violated your workplace rights, you will want to consult one of our experienced Huston employment lawyers. We will discuss how federal laws protect you from the suspected violation.