labor lawAdivision of labor law center

Is your Texas USERRA poster up to date?  The regulations have been recently updated by the Department of Labor and they are said to be final.  By law, every employer should have an accurate poster displayed, even if there currently aren’t any employees would serve in the military. 

USERRA stands for Uniformed Services Employment and Reemployment Rights Act.  It was created for the civilian job protection of people who serve in the military temporarily.  It was originally put into effect in 1994, but it has been recently changed.  Federal government workers are now able to file claims under USERRA.  Claims are investigated by a division of the Department of Labor called VETS (Veterans Employment and Training Service). 

Typical claims are for reemployment after less than five years of military service.  Job protection is normally given to those who serve in the military for up to five cumulative years.  Special cases may even allow for reemployment after seven cumulative years of military service.  So basically, if someone has served for less than five years, they are typically reemployed at their civilian job by their employer.

If the VETS for some reason is unable to resolve the issue, the Department of Justice will bring the case to the federal District Court.  This is done without any fees that the worker has to pay.  It is more than likely that the VETS won’t have to refer the claim, as most employers will reemploy workers that were away serving the country for a time.

Many government employees will have a slightly different claims process.  Instead of the Dept. of Justice, the Office of Special Counsel handles claims for federal government employees or those who work for the Postal Service if the VETS are unable to resolve the situation.  After that, the claim is reviewed by the Merit Systems Protection Board.  They can honor claims and provide compensation. 

In Texas we have a lot of people that are working for us. Well those people need to be kept informed and one way to do that is through the use of a Texas State Mandatory Poster. These are great tools that will help you to keep your employees up to date and keep you out of trouble with the labor board. These things contain a wealth of information to assist and help you to maintain compliance with the labor board. In Texas these posters need to be posted in every workplace and are required to be updated when the laws change. Failure to do this will leave you out of favor with the labor board and could lead to fines as well as other punishments based on the severity as well as what other violations are discovered while the labor board is there. This is a very simple thing to have and keep updated as long as you are aware of it and pay attention to it while you are in the workplace.

There are certain things that are required to be present on the Texas State Mandatory Posters that you will have posted in the workplace. These are some of the items required to be posted on your Texas State Mandatory Poster; Payday Notice, Child Labor, Unemployment Insurance and Fair Employment Notice. The other required items for your poster are the Worker’s Compensation Notice Part 1 and 2 as well as the Worker’s Compensation TWCC #5 notice. These laws are all important and beneficial to the employee. These are the things that need to be current on all of your Texas State Mandatory Posters that you have up in the workplace are required to have the previous items in their most current states in order to be in compliance.

Remember keep yourself in compliance and keep yourself out of trouble.

Texas is known as one of the biggest states in the Union. It’s known for those big cowboy hats and big cowboy boots. The steaks are big in Texas, as are the big oil men driving their big Cedillas. And the list of rules and regulations that employers must deal with because of the state law is a pretty big deal too.

The Texas Labor Law Poster Requirements are like most other states, though. The Texas Labor Law Poster Requirements include basically two parts to them. There is the federal side, whereby all employers according to the Texas Labor Law Poster Requirements have to have the six federal postings.

The last time that we covered the Texas Labor Law Poster Requirements, we didn’t touch upon these six federal postings in great detail. So I’ll take this chance to do so now. These six federal postings in the Texas Labor Law Poster Requirements include the following:

There is the USERRA posting to instruct employees how they ought to be treated if they are on active duty with the armed forces. There is the OSHA posting, for employee safety and work site health maintenance. There is the Family and Medical Leave Act posting, which covered the law on how much time employees can take off for personal and medical reasons.

There is also the federal minimum wage posting, and it’s instructions on other matters from the Fair Labor Standards Act. There is the Equal Employment Opportunity posting for what types of discrimination are prohibited in the workplace. And there is the Employee Polygraph Protection Act posting for how employees are protected against forced lie detector testing by their employers.

Then there are also eight state postings as part of the Texas Labor Law Poster Requirements. These include three on workers’ comp rules. Then there are the child labor posting, the fair employment posting, the payday notice, the “notice,” and the unemployment insurance posting.

Hello - I hope the following brief summary will be of some help in answering questions you may have on labor law and employee rights and how current Texas Posters can help the employer stay within the guidelines for state and federal laws, helping the employee get the information they need. Both state and federal laws require that the employer clearly display information about these important areas and current Texas Posters are a good way to pass this information on to workers.

Let me remind you that it is the employer’s responsibility to make sure that the most up-to-date Texas Posters are displayed in an area where employees commonly gather or meet, such as a break room, lunchroom, or other similar area. By having the posters prominently displayed, the employer not only provides the required information to workers but also is prepared if the Texas Posters happen to be the focus of a labor inspection.

Texas has a number of state posting requirements, including Child Labor, Workers’ Compensation Notice Part 1, Workers’ Compensation Notice Part 2, Workers’ Compensation TWCC #5, Payday Notice, Unemployment Insurance, and Fair Employment Notice. It is important to remember that laws change. Therefore, some regulations apply to specific situations that are important to employees.

Getting this information to workers is required by law and Texas Posters can help. For example, Part 1 of the Workers’ Compensation notice refers to specific chapters in the state code that describe what activities are covered. Part 2 is about specific area requirements for workers’ compensation. There are important differences between the two laws and the two notices, so employees would need to be informed, and using current Texas Posters is a good way to provide the notices to employees.

Included in the federal list of posting requirements are USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA – Job Safety & Health Protection. The USERRA requirement refers to those who want to serve in the military but do not make a career of it.

If a worker chooses to serve in the armed forces, reserves or National Guard, the USERRA explains under what circumstances the worker may return to claim the original civilian job. Employees would certainly need to know their rights under this law and having the current Texas Posters could help employers get this information to employees. I recommend you take this time to check the Texas Posters on display at the workplace to see if they are up to date. A company may have several ways to get information about labor laws and rights to employees, and current Texas Posters is a good method of accomplishing this.

If you live in Texas and you have ever wondered about whether a child can perform a certain duty, whether an employer has violated your rights, or whether you could possibly owe an employee money, then you need to know about Texas Labor laws. Those are the laws that cover all the different aspects of working and the rights and responsibilities of both employers and employees.

The Tax and Labor Law Department of the Texas Workforce Commission covers the Texas Child Labor Law and the Payday Notice, as well as the Minimum Wage Act for the state of Texas. These are all laws that must be displayed on posters on the walls of every place of employment in the state. These posters assist employees in learning what the laws are and how they work. The posters also tell employees how to reach the Workforce Commission if they have a question or if they feel there has been a violation.

In addition to these three posters, the other Texas (TX) Employment Labor Posters that are required in the workplace are: Workers’ Compensation Notice - Part 1, Workers’ Compensation Notice - Part 2, Worker’s Compensation - TWCC # 5, Unemployment Insurance, and the Fair Employment Notice.

In addition to the Texas Employment Labor Posters, the Federal government has several posting requirements of its own. These include the following posters: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

By keeping the posters in a conspicuous place as required, employers are assisting their workers in being informed and knowledgeable. It is the employer’s responsibility to update the posters as the laws change, so that the workers know what the new laws are right away.