TEXAS - Workers’ Rights

Definition of agricultural worker under state law:

• Under state wage law, “agriculture” is defined at Tex. Lab. Code § 62.002 (reflects federal Fair Labor Standards Act (FLSA) language). 
• The state workers’ compensation statute defines the terms “agricultural labor” (Tex. Lab. Code Ann. § 406.161(1)), “migrant worker” (Tex. Lab. Code Ann. § 406.161(4)) and “seasonal worker” (Tex. Lab. Code Ann. § 406.161(5)). 

Wages and Overtime

Minimum Wage

• There is a state minimum wage law. (Tex. Lab. Code § 62.051)
• The state adopts the federal minimum wage standards. Current minimum wage is $7.25/hr.
• The state law does not apply to workers who work for an employer covered by the federal Fair Labor Standards Act (FLSA). 
• Agricultural workers employed in dairy farming and the production of livestock are excluded. (Tex. Lab. Code § 62.160).

Overtime

There is no state law regarding overtime pay.

State Enforcement Agency

Texas Workforce Commission, Labor Law Section

Website: https://twc.texas.gov/jobseekers/employee-rights-laws 

Relevant Forms: https://twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law#howToSubmitAClaim

Occupational Safety and Health

Workers’ Compensation

• Workers’ compensation in Texas is elective; employers are not required to obtain workers’ compensation coverage unless they are public employers or another law requires them to obtain coverage. (Tex. Lab. Code § 406.002)
• Employers may not discriminate or retaliate against employees because they file a workers’ compensation claim. (Tex. Lab. Code Ch. 451)

State Enforcement Agency:

Texas Department of Insurance, Division of Workers’ Compensation

Website: https://www.tdi.texas.gov/wc/employee/index.html (includes relevant forms)

Texas Department of Insurance, Division of Workers’ Compensation Office of Injured Employee Counsel provides services for employees making worker’s compensation claims. https://www.oiec.texas.gov/; phone number: (512) 804-4170

Field Sanitation

• There is a state law regarding field sanitation. (25 Tex. Admin. Code § 295.161)

State Enforcement Agency:

Department of State Health Services

Website: https://dshs.texas.gov/

Pesticide Safety

• There is a state law regarding pesticide safety in agriculture, including some protections that predated the new federal WPS provisions, such as the designated representative provision. See Tex. Agric. Code § 125.013 & Texas Ag. Hazard Communication Law
• Suspected pesticide poisoning is a reportable illness for health care providers. (25 Tex. Admin. Code § 99.1) Physicians, people in charge of a clinic or hospital lab or blood unit, or health professionals involved in the process of diagnosing are required to report

State Enforcement Agency:

Texas Department of Agriculture

Website: https://www.texasagriculture.gov/RegulatoryPrograms/Pesticides.aspx

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
• Texas is a “right to work” state, meaning that union membership and dues payments may not be made compulsory. (Tex. Lab. Code § 101.004, 101.301) There is also a provision prohibiting denial of employment based on labor union membership. (Tex. Lab. Code Ann. § 101.052)

State Legal Services Organizations

Texas RioGrande Legal Aid, Inc. 

http://www.trla.org