Employment Law Frequently Asked Questions

If you’ve been wrongfully terminated or treated unfairly at work, you probably have legal questions about the rights and remedies that are available to you. The Wagoner Law Firm has compiled this list of frequently asked questions related to the field of employment law. Check back periodically for new questions and answers.

Wage and Hour Law (Fair Labor Standards Act)

Texas Pay Day Law

Employment Discrimination

Other Employment Law Questions

Wage and Hour Law (Fair Labor Standards Act)

What does “FLSA” stand for?

“FLSA” stands for “Fair Labor Standards Act.”

What is the federal minimum wage?

The federal minimum wage is $7.25 per hour.

Are all salaried employees exempt from overtime?

No. Some salaried employees are entitled to be paid overtime wages unless an FLSA exemption applies to their position. 

Texas Pay Day Law

How long does an employer have to pay a terminated employee his final paycheck?

The Texas Pay Day Law allows employers six calendar days in which to pay a terminated employee.

How long before an employer has to pay an employee who voluntarily quits?

Under the Texas Pay Day Law, employers must pay employees who voluntarily quit their job by their next regularly scheduled payday.

Must an employer pay departing employees for unused vacation or sick leave?

The Texas Pay Day law only requires payment of vacation and sick leave pay when it is owed under a written agreement or written policy of the employer.

Can an employer deduct money from my wages without my permission?

No. Under the Texas Pay Day Law, an employer may only deduct money from an employee’s wages if: (1) a court has ordered the employer to make the deduction (for example, child support); (2) the law requires or specifically authorizes the employer to make the deduction (for example, payroll taxes); or (3) the employee has given their employer written authorization to make the deduction.

Employment Discrimination

What does “ADEA” stand for?

“ADEA” stands for Age Discrimination in Employment Act.

May an employer require applicants to pass a medical exam before offering a job?

A: No. The Americans with Disabilities Act (ADA) prohibits pre-offer medical exams.

May an employer require applicants to pass a drug test before offering a job?

Yes. Under the ADA, drug tests are not considered “medical exams.”

Other Employment Law Questions

Are employers required to give employees breaks?

Neither federal law nor state law in Texas require employers to provide breaks or meal periods to employees at work, except for certain safety-related positions. Under certain circumstances, however, employers must count and compensate employee breaks as working time for purposes of determining the employee’s overtime pay.

Does an employer have to grant vacation leave when an employee wants it?

No. Under Texas law, in most cases, vacation leave may be taken at the mutual convenience of the employee and employer.

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Do you need to speak to a lawyer about an injury or employment situation? Whether you live in Dallas, Fort Worth, or elsewhere in Texas, the Wagoner Law Firm may examine your claim and advise you on the best way to move forward. Request a consultation today.