User:Jackspm10/sandbox: Labor Code
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Texas Labor Code
The Texas Labor Code is the statutory law enacted by the Texas state legislature to regulate employers, labor, and labor unions. The code includes provisions that set a minimum wage and working condition standards, prevent discrimination, and provide unemployment benefits as well as workers' compensation. It establishes the Texas Workforce Commission to enforce these laws. [1] The code was enacted in 1993 by Texas HB 752, 73rd R.S. as part of the ongoing revision process begun in 1963. [2]
Organization
- Title 1: General Provisions
- Title 2: Protection of Laborers
- Subtitle A: Employment Discrimination
- Subtitle B: Restrictions on Labor
- Subtitle C: Wages
- Subtitle D: Employee Benefits
- Subtitle E: Regulation of Certain Occupations
- Title 3: Employer-Employee Relations
- Title 4: Employment Services and Unemployment
- Subtitle A: Texas Unemployment Compensation Act
- Subtitle B: Texas Workforce Commission; Workforce Development; Employment Services
- Subtitle C: Vocational Rehabilitation and Certain Other Services for Persons with Disabilities
- Title 5: Workers' Compensation
- Subtitle A: Texas Workers' Compensation Act
- Subtitle B: Discrimination Issues
- Subtitle C: Workers' Compensation Insurance Coverage for Certain Government Employees
Notable Titles, Chapters, and Statutes
Title 2, Subchapter B, Sec. 21.051 stipulates that discrimination on any basis cannot be a factor in the hiring, firing, or deprivation of opportunities for employees. [3]
Title 2, Subchapter B, Sec. 21.0595 stipulates that there cannot be a discriminatory work leave policy that does not treat an employee's foster child as if they were a biological child. [4]
Title 2, Subchapter C1, Sec. 21.142 stipulates that an employer is liable and commits an infraction if a sexual assault of an employee occurs and the employer "knew or should have known" it was occurring or if they do not take "immediate corrective action." [5]
Title 2, Subchapter E, Sec. 21.202 stipulates that the statute of limitations to file a workplace discrimination or other "unlawful employment practice" complaint with the Texas Workforce Commission is 180 days after the offense. The statute of limitations for a sexual assault complaint is 300 days after the offense. [6]
Title 2, Subchapter E broadly stipulates the processes by which complaints are made and adjudicated by the Texas Workforce Commission.
Title 2, Subchapter F broadly stipulates the processes by which complaints are made and adjudicated via civil suit in court.
Title 2, Subchapter F, Sec. 21.256 stipulates that the statute of limitations on filing a civil suit for "unlawful employment practice" is 2 years after the offense occurred. [7]
Title 3, Chapter 101, Subchapter A, Sec. 101.001 - 101.004 outline the "rights of working persons" including a worker's right to organize and to bargain. [8]
Title 4, Subtitle A, Chapters 207 and 208 stipulate the claiming of unemployment benefits as well as the benefits themselves. Subchapters A and B of Chapter 207, most notably Sec. 201.001-003 and Sec. 207.021 and Sec. 207.011, detail benefits for total and partial unemployment, as well as conditions of eligibility. [9]
Title 4, Subtitle A, Chapter 207, Sec. 207.025 stipulates that unemployment benefits cannot be denied because of pregnancy or if the claimant has an abortion. [10]
Title 5, Subtitle B, Chapter 451, Sec. 451.001 stipulates that an employer cannot discriminate against or fire an employee who filed for workers' compensation or litigated to get workers' compensation. [11]
Title 5, Subtitle B, Chapter 408 stipulates all of the workers' compensation benefits, including medicare, supplemental income, and the daily wage computation. [12]
References
- Thomson Reuters. “Vernon's Texas Statutes and Codes Annotated.” Thomson Reuters Westlaw. Accessed October 13, 2022.
- "Legislative Reference Library | Legislation | Texas law timeline". lrl.texas.gov. Retrieved 2022-10-23.
- Thomson Reuters, "V.T.C.A., Labor Code § 21.051." Thomson Reuters Westlaw. Accessed 23 October, 2022.
- Thomson Reuters. "V.T.C.A., Labor Code § 21.0595." Thomson Reuters Westlaw. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis Sec. 21.142. Unlawful Employment Practice., Tex. Lab. Code § 21.142." LexisNexis. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis Sec. 21.202. Statute of Limitations., Tex. Lab. Code § 21.202." LexisNexis. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis Sec. 21.256. Statute of Limitations., Tex. Lab. Code § 21.256." LexisNexis. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis. Sec. 100.001 - 100.004. Rights of Working Persons., Tex. Lab. Code § 101.001 - 101.004." LexisNexis. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis Sec. 201.001-201.003, Sec. 207.021, Sec. 207.011." LexisNexis. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis Sec. 207.025. Pregnancy or Termination of Pregnancy., Tex. Lab. Code § 207.025." LexisNexis. Accessed 23 October, 2022.
- LexisNexis. "Texas Statutes and Codes Annotated by LexisNexis Sec. 451.001. Discrimination Against Employees Prohibited., Tex. Lab. Code § 451.001." LexisNexis. Accessed 23 October, 2022.
- Thomson Reuters. "V.T.C.A., Labor Code § 408.001-408.221." Thomson Reuters Westlaw. Accessed 23 October, 2022.