Employment Law For Human Resource Practice In Texas
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What laws does HR need to know? The number of laws and wage and hour regulations at the federal, state and local levels that HR must know to stay compliant is vast. Some of the more prominent regulations include the: Fair Labor Standards Act (FLSA)
There are several types of employment statutes including civil rights, family and medical leave, workers' compensation, and labor relations laws.
(b) A complainant may recover punitive damages against a respondent, other than a respondent that is a governmental entity, if the complainant demonstrates that the respondent engaged in a discriminatory practice with malice or with reckless indifference to the state-protected rights of an aggrieved individual.
Discrimination by Employer. (2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.
Filing a Complaint The Texas Workforce Commission Civil Rights Division (TWCCRD) Employment Discrimination Inquiry Submission System (EDISS) is the method to submit your employment discrimination complaint. It provides an ample amount of space to describe how you have been discriminated against.
The complainant (person making the complaint) must, in good faith, make full, fair, and honest disclosure of all facts and circumstances known to him/her at the time the complaint is made. The facts, as presented, must be in the form of an affidavit and signed under oath.
If you intend to sue your employer, it is important to act quickly and within the statute of limitations. In Texas, the deadline for filing wrongful termination claims is 180 days from the date of your dismissal. If your suit is successful, you may be eligible for lost wages, punitive damages or job reinstatement.
Texas employees are protected from workplace discrimination Workplace discrimination means unfair treatment in hiring or employment because of: Race. Color. National origin.
You can also file a complaint with the Department of Labor The DOL Wage & Hour Division can provide you with information as to what sorts of claims or complaints they accept and how their process works. They can be contacted at 866-487-9243. They also have a webpage with information that might be helpful.
To report employers hiring undocumented immigrants, please call the U.S. Immigration and Customs Enforcement (ICE) at 1-866-DHS-2-ICE to report suspicious activity.
