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Texas Labor Laws
In general, Texas Labor Laws are set forth in the Texas Labor Code.
State requirements are enacted in addition to minimum Federal Standards.
Also, the State of Texas is authorized by federal law to enact statewide
requirements that alter, amend, or replace many general federal
requirements. The nationwide result of state variations creates a
patchwork of laws among states. Employee protection standards,
nationwide, range from comprehensive employment stability and benefits
in a few states, to almost completely ineffective in many others. A few
of the more notable provisions of Texas Labor Laws include:
- Texas Payday Law - establishes a grievance procedure for employees
who have not been paid. Based upon a telephone hearing, the State of
Texas may order employers to pay employees or alternatively, the State
may initiate collection processes against any employer.
- Texas Child Labor Law - establishes a state cause of action and
provides civil fines and penalties against employers who violate child
labor restrictions.
- Texas Minimum Wage Act - establishes civil fines and penalties
against employers who violate the federal minimum wage standard.
Fines accessed for violations of Texas labor laws are not
dischargeable in bankruptcy under any Chapter. In addition to fines,
employees who file Chapter 7 or Chapter 13 bankruptcy may have a private
cause of action against their employer for violations of Texas Labor
Laws. Should an employee file bankruptcy, a potential cause of action is
considered an asset that must be disclosed to the court within schedules
and forms.
Texas Labor Laws in Bankruptcy Court
In general, Bankruptcy trustees are reluctant to seize non-exempt
assets when the cost of seizure and liquidation by auction will not
produce a significant total recovery for disbursement to creditors. When
potential causes of action are considered an asset of the bankruptcy
estate, an additional layer of risk must be considered by the trustee,
as well as the cost of retaining an additional lawyer for a contingent
recovery, and prolonged litigation process that will require the
bankruptcy case to remain open for a period of years. The result?
Bankruptcy trustees are seldom show interest in potential causes of
action unless liability is almost certain and large amounts of damage
are involved.
For more practice tips for debtors, see also:
- Texas State Records
- Texas Corporation Search
- Texas Noncompete Agreements
- Texas Homestead Exemption Form
- Texas Small Claims Court
- Facts State of Texas
- Laser Speed Measurement Court Cases Texas
- Child Support Laws in Texas
The availability of Texas court records online remains in it's infant stage of development. Counties containing the largest cities frequently provide internet access to public records. Many smaller and/or rural counties do not maintain websites and court records, real estate records, deeds, liens and conveyances must be obtained either in person at the County Clerk's Office or by mail. In all counties, certification of records requires the payment of an additional fee, yet may be required as a condition of admissibility in Texas Bankruptcy Courts. Alternatively, records may be offered as evidence in Texas Bankruptcy Courts by stipulation upon the agreement of all parties in interest.
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