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:

1. Texas State Records
2. Texas Corporation Search
3. Texas Noncompete Agreements
4. Texas Homestead Exemption Form
5. Texas Small Claims Court
6. Facts State of Texas
7. Laser Speed Measurement Court Cases Texas
8. 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.