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Hiring

Advertising

What are the requirements relating to advertising open positions?

The same as those under federal law.

Background checks

What can employers do with regard to background checks and inquiries?

(a) Criminal records and arrests

Texas requirements are generally the same as those under federal law. The federal Fair Credit Reporting Act may apply. Criminal background checks are required for certain employees of in-home service providers and residential delivery companies.

(b) Medical history

Texas requirements are generally the same as those under federal law. The federal Americans with Disabilities Act and Genetic Information Non-discrimination Act may apply.

(c) Drug screening

Texas requirements are generally the same as those under federal law. Private employers in Texas may adopt drug and alcohol testing policies for their workers.

(d) Credit checks

Texas requirements are generally the same as those under federal law.

(e) Immigration status

Texas requirements are generally the same as those under federal law.

(f) Social media

The federal National Labor Relations Board has imposed strict requirements on employer policies addressing social media, but Texas imposes no unique requirements.

(g) Other

Generally the same as those under federal law.

Wage and hour

Pay

What are the main sources of wage and hour laws in your state?

The Texas Payday Law, contained in Chapter 61 of the Texas Labor Code, contains requirements on final pay, payment for unused vacation or paid time off, payment of bonuses and commissions, and related topics.

What is the minimum hourly wage?

The same as those under federal law.

What are the rules applicable to final pay and deductions from wages?

Written authorization is required for deductions from wages. Final pay is due to a discharged employee with six days of termination. For all other employees, final pay is due on the next regular payday.

Hours and overtime

What are the requirements for meal and rest breaks?

The same as those under federal law.

What are the maximum hour rules?

The same as those under federal law.

How should overtime be calculated?

The same as those under federal law.

What exemptions are there from overtime?

The same as those under federal law.

Record keeping

What payroll and payment records must be maintained?

Generally the same as those under federal law.

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