Texas Fair Labor Standards Act
The state of Texas follows the national guidelines set by the Fair Labor Standard Act of 1938 in regards to minimum wage and employment guidelines. The Fair Labor Standard Act was passed during the end of the Great Depression to give the nation a permanent law regarding the minimum wage. As of 2007, states are allowed to create their own minimum wage as long as it is not less than the federal one.
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Wage
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Texas follows the federal guideline setting the minimum wage at $7.25 an hour. All jobs in the state of Texas must start at this wage unless the job allows for employees to receive tips, which means the wage begins at $2.13 an hour. There is a special wage for disabled employees. A company must apply with the state before they can pay workers at the disabled wage rate.
Overtime
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Overtime occurs when an employee has worked over 40 hours in a seven-day work week. In the state of Texas, once employees reach the 40-hour threshold, they are eligible for overtime pay. Pay for overtime is equal to time and a half times the hourly wage rate. Even though overtime kicks in at 40 hours, there is not a maximum amount of time an employee can work in a week.
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Youth Employment
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Employees under the age of 18 are considered youth workers, and they must have work permits to be employed. This permit should be kept on file at all times. There are a variety of restrictions for youth employees depending on whether the employee is a student and what kind of work the employee is performing.
Breaks
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The state of Texas does not guarantee breaks for workers who are over 18. A break consists of a 30-minute unpaid break for the employee to eat and rest. While there are no laws guaranteeing a break for an employee over 18, it is recommended that employers provide workers with a 30-minute break.
Payday
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Employees should be paid on a regular basis that is clearly defined in writing by the employer. When payday arrives, all employees should receive a pay stub, regardless if they also received a physical check or if they have opted to have their paychecks deposited directly into their bank accounts.
Records
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The Fair Labor Standards Act has strict guidelines in regards to an employer's record keeping. Records on all employees including pay rate, age, Social Security number, and length of employment must be kept in a manner that is readily available.
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