Houston

1. Minimum Wage in Houston

• Federal and State Minimum Wage: In Texas, including Houston, the minimum wage is $7.25 per hour, which aligns with the federal minimum wage. Texas does not have a state-specific minimum wage law, so the federal rate applies.
• Tipped Employees: Employers can pay tipped employees as little as $2.13 per hour, provided that their tips bring their total earnings to at least $7.25 per hour. If not, the employer must make up the difference.
• Local Factors: Unlike some cities, Houston does not have a city-specific minimum wage ordinance. However, certain employers (e.g., federal contractors) may be subject to higher minimum wage requirements under federal law.

Practical Steps:

• If you believe you are being paid less than the minimum wage, you can file a complaint with the U.S. Department of Labor (DOL) Wage and Hour Division (WHD).

Associated Costs: Filing a complaint is free.

Local Resource:

• U.S. Department of Labor – Houston Office
  • Address: 8701 S. Gessner Drive, Suite 1162, Houston, TX 77074
  • Phone: (713) 339-5500
  • Website: www.dol.gov

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2. Workplace Discrimination Laws

• Protected Categories: Under federal and state laws, it is illegal to discriminate against employees based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information.
• Relevant Laws:
  • Title VII of the Civil Rights Act of 1964
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Texas Labor Code Chapter 21
• Harassment: Workplace harassment based on any of the protected categories is also prohibited.
• Retaliation: Employers cannot retaliate against employees for filing a complaint or participating in an investigation.

Practical Steps:

• File a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) Civil Rights Division.
• Complaints must typically be filed within 180 days of the discriminatory act (300 days in some cases).

Associated Costs: Filing a complaint is free.

Local Resources:

• EEOC Houston District Office
  • Address: 1919 Smith Street, 6th Floor, Houston, TX 77002
  • Phone: (800) 669-4000
  • Website: www.eeoc.gov
• Texas Workforce Commission – Civil Rights Division
  • Phone: (888) 452-4778
  • Website: www.twc.texas.gov

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3. Overtime Policies

• Federal Overtime Law: Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay at 1.5 times their regular hourly rate for hours worked over 40 in a workweek.
• Exempt Employees: Certain employees (e.g., salaried workers in executive, administrative, or professional roles) may be exempt from overtime pay requirements.
• Local Factors: Houston follows federal and state overtime laws without additional local regulations.

Practical Steps:

• If you are denied overtime pay, file a complaint with the U.S. Department of Labor (DOL) Wage and Hour Division.

Associated Costs: Filing a complaint is free.

Local Resource:

• U.S. Department of Labor – Houston Office
  • Address: 8701 S. Gessner Drive, Suite 1162, Houston, TX 77074
  • Phone: (713) 339-5500

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4. Family Leave

• Federal Family and Medical Leave Act (FMLA): Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for:
  • Birth or adoption of a child
  • Serious health condition of the employee or a family member
  • Certain military-related situations
• Eligibility:
  • The employer must have at least 50 employees.
  • The employee must have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year.
• Texas-Specific Leave: Texas does not have additional family leave laws beyond the FMLA.

Practical Steps:

• Notify your employer in writing about your need for leave.
• If your rights are violated, file a complaint with the U.S. Department of Labor (DOL) Wage and Hour Division.

Associated Costs: Filing a complaint is free.

Local Resource:

• U.S. Department of Labor – Houston Office
  • Address: 8701 S. Gessner Drive, Suite 1162, Houston, TX 77074
  • Phone: (713) 339-5500

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5. Workers' Compensation

• Texas Workers' Compensation System: Texas does not require private employers to carry workers' compensation insurance, but many do. If your employer has coverage, you are entitled to benefits for work-related injuries or illnesses, including:
  • Medical expenses
  • Lost wages
  • Disability benefits
• Non-Subscribers: If your employer does not carry workers' compensation insurance, you may need to file a personal injury lawsuit to recover damages.
• Reporting Deadlines:
  • Notify your employer of the injury within 30 days.
  • File a claim with the Texas Department of Insurance – Division of Workers’ Compensation (DWC) within one year.

Practical Steps:

• Report your injury to your employer immediately.
• File a claim with the DWC if your employer has workers' compensation insurance.

Associated Costs: Filing a claim is free.

Local Resource:

• Texas Department of Insurance – Division of Workers’ Compensation (Houston Field Office)
  • Address: 5425 Polk Street, Suite 130, Houston, TX 77023
  • Phone: (713) 924-2200
  • Website: www.tdi.texas.gov

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6. Local Organizations for Assistance

If you need additional help understanding or enforcing your employment rights, the following organizations can provide support:

• Houston Legal Aid Center

  • Provides free or low-cost legal assistance for employment-related issues.
  • Website: www.houstonlegal.org

• Equal Justice Center – Houston Office

  • Specializes in helping low-income workers recover unpaid wages and address workplace violations.
  • Website: www.equaljusticecenter.org

• Houston Interfaith Worker Justice Center

  • Offers advocacy and support for workers facing wage theft, discrimination, or unsafe working conditions.
  • Website: www.iwj.org

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Final Notes

• Documentation: Always keep detailed records of your hours worked, wages paid, and any workplace incidents. This documentation will be critical if you need to file a complaint or pursue legal action.
• Language Support: Many of the resources listed above offer services in multiple languages, including Spanish, to accommodate Houston’s diverse population.

By understanding your rights and utilizing the resources available, you can ensure fair treatment and protection in the workplace while living and working in Houston.