If you live in Texas and work remotely, both federal and Texas State labor laws still apply. But there are some potential complications for those working from home: whether on a full-time or hybrid basis.

Texas Wage and Hour Laws for Telework

Just like any employee commuting to work, those working from home in Texas are entitled to wage and hour protections. Both federal and state law guarantees a minimum wage to most (non-exempt) employees. When those wages differ, the higher of the two typically applies.

The Texas Minimum Wage Act matches the federal minimum wage of $7.25/hour. This law further obligates most employers to provide their employees with an earnings statement. It also sets the criteria for exempt employers/employees (meaning, those “exempt” from certain wage and hour laws like minimum wage or overtime).

The Texas Payday Law makes sure employers pay their employees fairly: in full, on time, and on a schedule (for example, on biweekly paydays). Texas Payday Law also lays out the steps for those employees who have not been paid correctly and wish to file a wage claim. Note that if you do intend to file a wage claim, the Texas Payday Law provides only 180 days from the day you should have been paid to file a wage complaint.

Federal Labor Laws for Employees Working From Home in Texas

Fair Labor Standards Act (FLSA) – Do Remote Workers Qualify for Overtime in Texas?

Yes. Where overtime is concerned, Texas state employment law is consistent with the federal FLSA. Non-exempt employees in Texas—including those working from home—are guaranteed overtime pay. Usually, this amounts to an increased rate of pay: at least 1.5 times the usual wage. In some cases, employers may provide compensatory time off. Meaning, for each hour of overtime work, the employee receives 1.5 hours off.

Occupational Safety and Health Act of 1970 – Does OSHA Apply to People Working From Home in Texas?

Yes. Just because an employee works from home, an employer is not excused from their responsibility for workplace health and safety.

OSHA is a federal provision that requires private-sector employers to maintain a safe, hazard-free work environment. Several Texas State laws also provide for worker health and safety: Texas Health and Safety Code, Texas Labor Code, and Texas Workers’ Compensation Act. Even so, remote employees generally don’t find their homes subject to OSHA inspection. Your employer is not liable for you slipping on your own kitchen floor. Should your employer require you to use/supply you with particular equipment, and that equipment caused injury, however, your employer may be liable under Texas workplace health and safety laws.

Are Remote Workers Covered by The Americans with Disabilities Act (ADA)?

Yes. The ADA guarantees reasonable accommodations to qualified individuals with a disability, including those working from home. A reasonable accommodation is an adjustment to how a job is done and/or to the work environment that enables employees with a disability to perform their job fully and safely. Reasonable accommodations also ensure that employees with disabilities can compete in the workplace by guaranteeing access to the same benefits of employment those without disabilities enjoy, like training and promotions.

For those working from home, their workplace is obviously their home. Employers are still obligated to provide remote employees with reasonable accommodations in Texas, but their obligation and ability to modify your work environment is more limited than in an office or jobsite. Unless particular equipment or materials are mandated for your job (such as a particular, company-issued laptop), it is unlikely your employer would be required to make changes to the workplace (meaning, your home). Other reasonable accommodations, like modified work hours, would still be something for your employer to negotiate.

For some employees with a disability, remote work itself functions as a reasonable accommodation. If you work from home and are denied benefits of employment or treated less favorably than your coworkers in the office, that may constitute a violation of your rights under the ADA.

Does the Family and Medical Leave Act (FMLA) Cover People Working From Home?

Yes. Remote workers who otherwise qualify for job-protected leave are still entitled to that leave. The Federal Family and Medical Leave Act (FMLA) guarantees up to 12 workweeks (in a single year) of job-protected leave to qualifying employees. Texas does not have its own version of the FMLA, but the federal law does apply to remote employees in Texas. For eligible employees, the FMLA requires your employer to grant you up to 12 weeks of leave (unpaid) without reprisal or punishment, like demotion or termination.

Some qualifying reasons for taking FMLA in Texas include:

• The birth or adoption of a child, or the foster placement of a child;
• A debilitating health condition, physical or mental;
• Caring for a spouse, child, or parent with a debilitating health condition;
• Foreign deployment of a servicemember spouse, child, or parent.

Key Employee Rights for Remote Workers in Texas

Your rights as a remote worker in Texas vary depending upon (1) your job, and (2) your location. In most cases, the state in which you live and work—not the state your employer is based in—determines your rights and your employer’s obligations.

Federal laws do not preempt state laws when the state offers greater protections or benefits to employees. For example, if New Mexico’s wage laws guarantee $12/hour, while the federal minimum wage only guarantees $7.25/hour, employees in New Mexico are entitled to receive the higher, $12/hour minimum wage.

So, if your employer is based in Texas, but you live in and work remotely from New Mexico, your Texas employer is obligated to pay you the New Mexico State minimum wage ($12/hour), at least.

Do Employees Working From Home Have Anti-Discrimination Protections at Work?

Yes, Equal Employment Opportunity (EEO) laws at both the federal and Texas State level protect on-site and remote employees from discrimination in employment due to a protected basis like race, sex, religion, disability, age, or national origin. Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act, and Texas Commission on Human Rights Act (TCHRA) all apply to Texans who telework.

Does Wrongful Termination Exist in Texas?

Texas is an at-will employment state. An employer can typically terminate an employee “at will”: meaning, for any reason and at any time, without warning. Even so, wrongful termination still exists at both the federal and state level. Equal Employment Opportunity (EEO) provisions protect Texas workers from being fired for reasons related to discrimination on a protected basis like:

• Race
• Disability
• Genetic Information
• Age
• Sex
• National Origin
• Religion

The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including:

• Title VII of the Civil Rights Act of 1964
• The Americans with Disabilities Act
• The Age Discrimination in Employment Act

The state counterpart to the EEOC is the Texas Workforce Commission (TWC), which reinforces the Texas Commission on Human Rights Act (TCHRA). When the EEOC receives discrimination complaints from employees in Texas, they typically defer to the TWC to investigate and enforce those complaints when appropriate.

How an Employment Law Attorney Can Help

Both the EEOC and TWC filing processes are designed to allow individuals to file complaints without hiring a lawyer. The process has many stages, however, each with its own deadlines and procedures. It is prudent to consult a Texas employment attorney before taking legal action. And, for employees in Texas, consider narrowing your search to attorneys versed in both federal labor laws and Texas employment law in particular.

Texas employee rights and responsibilities can differ significantly from those in other states. Consulting with a Texas employment lawyer can make all the difference. Tully Rinckey’s team of dedicated employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Paul Friener is the Managing Partner of Tully Rinckey PLLC’s Austin, TX, office, where he focuses his practice on labor and employment law. Prior to joining Tully Rinckey, Paul was a supervising attorney at Legal Aid of NorthWest Texas, where he supervised the Legal Aid for Survivors of Sexual Assault (LASSA) division and was a team leader for the Immigration Practice team. His employment law experience includes representing employees who have been subjected to discrimination, harassment, or retaliation in connection to their legally protected class and legally protected activity, including whistleblower retaliation actions.  As an employee advocate, Paul represents federal and Texas employees regarding their legal issues in the workplace.