Guide+to+TX+Employ - Guide to Texas Law Texas Employment...

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Guide to Texas Law Texas Employment Law Employment Law o The Employment Relationship Independent Contractor Versus Employee Employment At Will o Government Administered Benefits Unemployment Compensation Application Eligibility Benefits Workers' Compensation Social Security o Civil Rights in the Workplace In General Age Discrimination Discrimination Against Persons with Disabilities Sexual Harassment Pregnancy Discrimination o Other Workplace Rights And Responsibilities Wages and Hours Substance Abuse in the Workplace Parenting, Family, and Medical Leave Privacy Whistleblowing o Resources Employment Law Workers enjoy many rights designed to make the workplace safe and free from illegal discrimination and harassment. This chapter outlines some of the important federal and state laws governing the legal relationships and problems between employers and employees. The Employment Relationship The extent of a worker's rights depends upon the legal relationship between the worker and his or her employer.
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Independent Contractor Versus Employee When a worker gets paid to do a task or provide a service for another person, the worker is an independent contractor or an employee . The distinction is important both for the business and the worker, but it is not always clear. For a worker, the classification determines the benefits to which he or she is entitled, whether the worker has access to workers' compensation benefits, and whether the worker is protected by federal and state wage and hour regulations. Employees enjoy substantially more protection in the workplace than do independent contractors. Whether a worker is an independent contractor or an employee is based on the work performed, not the worker's title. The more control an employer has over a worker, the more likely it is the worker is an employee. On the other hand, the more a worker acts like an independent business enterprise, the more likely the worker is an independent contractor. In some cases, the status is clear: a worker who arrives at a set time every day, is trained by the employer, uses the boss's tools or equipment, and is paid by the hour, week, or month, most likely is an employee. Someone who works for more than one company at a time, sets his or her own hours, and realizes a profit or risks a loss probably is an independent contractor. A worker or an employer who is unsure about the legal status of the employment relationship should seek advice from the Internal Revenue Service , the Texas Employment Commission , or the Texas Comptroller of Public Accounts . Employment At Will The state of Texas recognizes the traditional rule of employment at will. This means that all workers in Texas are presumed to be at-will employees unless the employer has acted to create a different relationship. There are several ways an employer can alter the relationship. An employer might enter into an oral or written contract guaranteeing to employ
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Guide+to+TX+Employ - Guide to Texas Law Texas Employment...

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