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Business Employer Requirements
Step 4: Business Employer Requirements The final step in starting a business is determining the federal and state employer requirements. As an employer, you have labor, safety, and tax obligations. The information below is the labor, safety, access, and new hire reporting regulations administered by federal and state agencies. For employer tax requirements, refer to "Step 2: Tax Responsibilities".
Federal Requirements Americans with Disabilities Act Requirements The Americans with Disabilities Act (ADA) provides protection for people with disabilities in the areas of employment, public services and transportation, public accommodation, and telecommunications. For more federal information on how the Americans with Disabilities Act will affect a business and for technical assistance with provisions applying to employment, contact: For technical assistance on the ADA standards for accessible design and other ADA provisions applying to businesses, nonprofit agencies, and state and local government services, contact: For specific information regarding the ADA requirements for telecommunications, contact: For information regarding the ADA requirements for accessible design in new construction and alterations, contact: For information regarding the ADA requirements for transportation, contact:
U.S. Department of Transportation For additional ADA information, contact:
Equal Employment Requirements Federal and state laws prohibit employment discrimination. The United States Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission, Human Rights Division are charged with enforcing fair employment laws which prohibit discrimination on the basis of race, color, sex, religion, disability, age, or national origin. Current statutes cover all employment transactions. All employers with 15 or more employees engaged in an industry affecting commerce, employment agencies, and labor unions are prohibited from denying equal employment opportunities. Regardless of the number of individuals employed, a county, municipality, and any state agency or instrumentality including public institutes of education, are also prohibited from denying equal employment opportunities. The TWC, Human Rights Division will assist local governments in establishing human rights commissions and provide technical assistance and training to employers to facilitate compliance with laws prohibiting employment discrimination. The TWC, Human Rights Division has jurisdiction for investigating employment complaints in Texas. The EEOC promotes voluntary programs that allow employers and organizations to implement equal employment opportunity programs within their businesses. For information regarding federal equal employment requirements, contact: Dallas District Office
El Paso District Office
Houston District Office
San Antonio District Office
Safety Requirements The Occupational Safety and Health Consultations (OSHCON) program is administered by the Texas Department of Insurance, Department of Workers? Compensation. Free on-site safety and health inspections are available to alert the employer of possible federal Occupational Safety and Health Administration (OSHA) violations. Employers with fewer than 150 employees, who take advantage of the free inspection and meet the federal requirements, will be exempted from a scheduled inspection for 12 months. For more information regarding state occupational safety and health requirements, contact: For information regarding federal occupational safety requirements, contact: Wage and Labor Requirements For information on federal minimum wage laws, overtime, and other questions regarding wages and hours, contact: For general information regarding federal labor laws, contact:
State Requirements Americans with Disabilities Act Requirements For information and technical assistance on the Americans with Disabilities Act, state disability policy information, disability statistics, and local disability resources, contact: The Texas Department of Licensing and Regulation reviews construction documents for the construction or substantial renovation, modification, or alteration of buildings or facilities defined as public or commercial accommodations for architectural barriers. This review is mandated through the Americans with Disabilities Act. For additional information on architectural barriers, contact:
Drug-Free Workplace Advice is available to Texas employers with 15 or more employees who maintain workers' compensation coverage. Employers must comply with certain drug-free workplace requirements, and are also subject to federal regulations. These federal regulations include the Drug-Free Workplace Act of 1988 and U.S. Department of Transportation regulations requiring drug and alcohol testing. For information, contact:
Equal Employment Requirements See listing under Federal Requirements for general explanation. For information regarding state equal employment requirements, contact:
New Hire Program New Hire Reporting may be accomplished online. It is mandated by federal law under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and requires employers to report new hires and rehires within 20 days.
For more information about the State of Texas New Hire Program, how and when to report, visit Office of the Attorney General's New Hire website or contact the
Texas Employer New Hire Reporting Operations Center at:
Plant Closings The Worker Adjustment and Retraining Notification Act (WARN), Public Law 100-379 (29 U.S.C. 2101 et seq.), requires certain employers to provide notice 60 days in advance of covered (employees subject to the Texas Unemployment Compensation Act) plant closings and covered mass layoffs. Notice must be made to either the affected workers or their representatives (e.g., a labor union), to the EDWAA Unit at TWC, and to the appropriate unit of local government. For more information or a copy of the Act, contact:
Safety Requirements The Occupational Safety and Health Consultations (OSHCON) program is administered by the Texas Workers' Compensation Commission. Free on-site safety and health inspections are available to alert the employer of possible federal Occupational Safety and Health Administration (OSHA) violations. Employers with fewer than 150 employees, who take advantage of the free inspection and meet the federal requirements, will be exempted from a scheduled inspection for 12 months. For more information regarding state occupational safety and health requirements, contact:
Wage and Labor Requirements The Texas Workforce Commission is charged with investigating and notifying appropriate county and/or district attorneys regarding all labor law violations. The Labor Law Department is charged with the enforcement of state and federal labor laws as well as the prosecution of offenders of these laws. State statutes include the Pay Day and Child Labor laws. For additional information, contact: The Texas Workforce Commission provides a general employer information package for employers. To obtain this package, contact: For information relating to labor questions, please contact: Standards for apprenticeship training programs in Texas follow guidelines set forth by the U.S. Department of Labor, Bureau of Apprenticeship and Training. Specific details on these programs may be obtained by contacting: Workers' Compensation Insurance The Texas Workers' Compensation Commission publishes a new law guide, a quarterly newsletter, and an information brochure for employers to help them become more familiar with the basic requirements for workers’ compensation in Texas. To obtain these publications, contact: For information on workers' compensation classifications groups, contact: Texas Department of Insurance
Labor Poster Requirements The following is a list of federal and state labor posters required to be posted at a place of business. Please contact the agency indicated to request copies for posting. "Federal Minimum Wage" and "Employee Polygraph Protection Act" "Occupational Safety and Health Administration Notice" "Equal Employment Opportunity is the Law" "Texas Unemployment Compensation Act" and "Schedule of Paydays" Texas Workforce Commission "The Law in Texas" (Optional Poster)
If we can be of any further assistance please contact our office at 512.255.5805.
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