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Federal Laws | State of Texas Laws

Federal Laws

• Fair Labor Standards Act
  • 1938
  • Objectives to establish minimum wage, encourage limits on number of weekly hours employees work by establishing overtime provisions, and discouraging child labor. Establishes exempt and non-exempt status of employees.
• Equal Pay Act
  • 1963
  • Equal pay for men and women performing substantially the same work.
• Title VII, Civil Rights Act of 1964 (amended by EEO Act of 1972)
  • 1964
  • Prohibits discrimination in employment on basis of race, color, religion, sex, or national origin
• Executive Orders 11246, amended by 11375, and updated by 11478
  • 1965, 1967, 1979
  • Establishes requirement for Affirmative Action plan, requires federal contractors/subcontractors to end discrimination through AA.
• Age Discrimination in Employment Act (amended in 1978 and 1986)
  • 1967
  • No discrimination of people over 40, restricts mandatory retirement requirements except where age is BFOQ, courts determined can eliminate older workers for economic reasons.
• Occupational Safety and Health Act (OSHA)
  • 1970
  • Establishes a policy for safe and healthful working conditions. Employers must provide a workplace free of recognized hazards.
• Vocational Rehabilitation Act Rehabilitation Act of 1974
  • 1973, 1974
  • Employers with federal contracts over  $2,500 cannot discriminate against individuals with disabilities.
• Vietnam-Era Veterans Readjustment Act
  • 1978
  • Prohibits discrimination against Vietnam-Era veterans by federal contractors and requires affirmative action.
• Pregnancy Discrimination Act
  • 1978
  • No discrimination against women affected by pregnancy, childbirth, or related medical conditions. Must treat just as though it was any other medical condition – i.e. a broken leg.
• Uniform Guidelines on Employee Selection Procedures
  • 1978
  • Guidelines provide a framework used to determine if employers follow federal laws on discrimination – affect all of Human Resources.
• Migrant and Seasonal Ag Workers Protection Act
  • 1983
  • Enacted to protect migrant and seasonal farm workers on matters of pay and working and work-related conditions, to require farm labor contractors to register with the U.S. Department of Labor, and to assure necessary protections for farm workers, agricultural associations, and agricultural employers.
• Consolidated Omnibus Budget Reconciliation Act (COBRA) (expanded in 1986)
  • 1985
  • Employers with 20 or more employees must offer extended health-care coverage to employees who quit voluntarily or involuntarily, except for “gross misconduct,” widowed or divorced spouses and dependent children of former or current employees, retirees, and spouses whose health-care coverage ends.
• Immigration Reform and Control Act
  • 1986, 1990, 1996
  • Penalties for employers knowingly hiring illegal aliens, established the I-9 requirement, prohibit discrimination on the basis of national origin or citizenship.
• Drug Free Workplace Act
  • 1988
  • Any employer who has government contracts must maintain a drug-free environment for employees.
• American with Disabilities Act
  • 1990
  • Employers must make reasonable accommodations for individuals with disabilities. Interpreted by numerous court cases.
• Older Workers Benefit Protection Act of 1990
  • 1990
  • Prohibit age discrimination in early retirement and other benefit plans.
• Civil Rights Act of 1991
  • 1991
  • Overturned many Supreme Court decisions and changed damage claim provisions
• Family and Medical Leave Act
  • 1993
  • Covers employers with 50 or more employees who live within 75 miles of the workplace. Employees must have worked at least 12 months and 1250 hours in the previous year to be eligible. Allowed to take total 12 weeks in a 12 month period for birth, adoption, foster-care placement of child, caring of spouse, child, or parent with a serious health condition, serious health condition of employee.
• Employee Protection Provisions (Whistleblower)
  • Prohibit employers from discharging or otherwise discriminating against employees in retaliation of their disclosure to the employer or to the appropriate federal agency of safety and health hazards. This is no one law but a series of provisions in various laws, most of which are tied to environmental acts and which affect only federal employees.
• Health Insurance Portability and Accountability act of 1996 (HIPPA)
  • 1996
  • Limits the circumstances under which coverage may be excluded for medical conditions present before an employee enrolls in a group plan. HIPPA privacy rule for medical records privacy and security issued in December 28, 2000.

State of Texas Laws

• Texas Government Code, Title 5, Subtitle A, Chapter 552, Public Information (Public Information Act)
  • 1993, 1995
  • Each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.
• Texas Government Code, Title 5, Subtitle A, Chapter 554, Protection for Reporting Violations of the Law
  • 1993, 1995
  • Prohibits retaliation against an employee reporting a violation of the law.
• Texas Government Code, Title 5, Subtitle A, Chapter 556, Political Activities by State Agencies and Employees
  • 1993, 1997
  • Outlines prohibited political and legislative influence by employees of the State or an Agency.
• Texas Government Code, Title 5, Subtitle B, Chapter 572, Standards of Conduct
  • 1993, 1995, 1997
  • Establishes the Standards of Conduct for State Employees
• Texas Government Code, Title 6, Subtitle B, Chapter 651
  • 1993
  • Sets management to staff ratios.
• Texas Government Code, Title 6, Subtitle B, Chapter 557, Veterans Employment Preferences
  • 1993
  • Established criteria for veterans preference.
• Texas Government Code, Title 8, Subtitle C, Teacher Retirement Systems of Texas, Chapters 821, 822, 823, 824, 825, and 830
  • 1981, 1985, 1987, 1995
  • Establishes TRS provisions, membership, creditable service, benefits, administration, and the Optional Retirement Program
• Texas Government Code, Title 10, Subtitle A, Chapter 2008, Alternative Dispute Resolution at State Agencies
  • 1997
  • Requires that disputes before state agencies be resolved as fairly and expeditiously as possible and that each state agency support this policy by developing and using alternative dispute resolution procedures in appropriate aspects of the agency’s operations and programs.
• Texas Labor Code, Title 5, Subtitle A, Workers’ Compensation Act
  • 1993, 1997
  • Establishes the workers’ compensation program and the TWCC, outlines workers’ compensation coverage, self-insurance regulations, benefits, compensation procedures, workers’ health and safety, criminal penalties, etc.
• Texas Labor Code, Title 4, Subtitle A, Texas Unemployment Compensation Act
  • 1993, 1997
  • Establishes general provision of unemployment, contributions, benefits, unemployment insurance coverage, dispute resolution, etc.
• Texas Government Code, Chapter 651, §651.005
  • 1999
  • Establishes the requirement to verify the Selective Service registration for males age 18-25. Registration is required to be eligible for employment with an agency of the State of Texas.