Texas Guidebook for Employers

Important disclaimers: This book, Texas Guidebook for Employers, is published as a service and a form of assistance to the employers of Texas by the office of the Commissioner representing employers on the Texas Workforce Commission, under the authority of Texas Labor Code Section 301.002(a)(2). The information and views expressed in this book are those of the author only and do not constitute in any way an official position, policy, or pronouncement of the Texas Workforce Commission. The book is not intended, and may not be relied upon, as legal or binding authority and does not create any rights, substantive or procedural, enforceable at law by any party in any matter, whether civil or criminal. It places no limitations on the lawful prerogatives of TWC or any other unit of government, and has no regulatory effect, confers no remedies, and does not have the force of law or a ruling of any administrative agency, court, or governmental subdivision. Nothing in this book is intended as an advertisement of, or an offer to provide, any commercial goods or services by any person for any individual or entity.

The author has taken great care to provide in this book the most current and accurate information available concerning federal and Texas laws on a wide variety of employment law subjects. However, the information found herein is not intended as legal advice and is not a substitute for individual consultation with a labor and employment law attorney. Interpretation of the various laws, regulations, and case precedents mentioned herein is not uniform throughout the agencies and courts enforcing the laws; indeed, even agency employees and courts sometimes disagree among themselves on both major and minor points under these laws. The information appearing in this book represents the prevailing viewpoints of a majority of legal authorities. In some instances, other viewpoints will be noted. Because interpretation of laws and precedent cases is not uniform, and because each case must be decided on an individual basis, it is not always safe to assume that a particular case will result in a particular outcome. There is no substitute for individual consultation with an employment law expert. Any employer wishing detailed legal advice relating to a specific situation should regard this book as a way of conducting initial research into various topics of employment law and preparing for an individual consultation with an attorney who specializes in employment law. Using the book in this way should enable an employer to make the most efficient and cost-effective use of his or her attorney's time through awareness of important issues and what questions to ask. In those cases where an attorney is not hired, the employer should at the very least speak with the government agency involved in enforcement of the laws in question. Good general information can be obtained by contacting the TWC Employer Commissioner's legal staff about a particular situation: 1-800-832-9394, (512) 463-2826, or via e-mail at employerinfo@twc.texas.gov. Caution: the attorneys in that office do not give legal advice or make official rulings on agency matters, nor should they be cited as authorities in any matter before the agency or when dealing with agency staff about a case. Employers may also call the TWC Wage and Hour Department regarding the Texas Payday Law and how it relates to the Fair Labor Standards Act; the telephone number is 512-475-2670. There is no charge for the information provided by TWC via such calls. Finally, employers may contact the United States Department of Labor or the EEOC regarding various laws. Contact numbers for various employment-related agencies are found in the topic "Important Employer Contact Information".

The sample policies and forms available in the book are only examples and are furnished merely as illustrations of their categories. They are not official forms or policies and are not meant to be adopted and used without consultation with a licensed employment law attorney. Any employer in need of a policy or form for a particular situation should keep in mind that any sample policy or form such as the ones available in the book would need to be reviewed, and possibly modified, by an employment law attorney in order to ensure that it fits a particular situation and complies with the laws of Texas and/or other states of operation. Downloading, printing, distributing, reproducing, or using any policy or form in this book in any manner constitutes your agreement that you understand these disclaimers; that you will not use the policy or form for your company or individual situation without first having it approved and, if necessary, modified by an employment law attorney of your choice; and that if you use it without such consultation, you assume any risks associated with its use.

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