re: Texas labor laws and the most ridiculous thing you’ve ever been told……..

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I’ve always heard Texas is not a “right to work” state.

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Texas IS a right to work state. All that means is that you cannot be denied employment bc you are/are not a member of a union or labor organization. You cannot be forced to join a union in order to be employed.

Texas is also an Employment at Will state. That means either the employer or the employee can terminate employment at any time for any reason or no reason at all. You don’t have to give a reason for leaving and you’re not obligated to continue working for a period of time after you choose the leave. Likewise, the company can terminate your employment for any reason or no reason at all and aren’t obligated to give you advanced notice.

Salaried vs Hourly is determined by the Fair Labor Standards Act (FLSA) which is federal. There are specific guidelines to determine if an employee is paid hourly or by salary. Your employer does not get to choose. From my course material:

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Salaried vs. Hourly Pay: An Overview

What makes you exempt? In general, an employee has to make at least $684 per week ($35,568 per year), be paid on a salary basis, and perform exempt duties that require discretion and independent judgment at least 50% of the time. If you take on managerial duties, for example, you’re probably exempt. This means you can be paid a salary, so no matter how many hours you work, your employer doesn’t have to pay you overtime wages. 1

Because of the FLSA, you can’t negotiate whether a job is exempt or nonexempt. Regardless of job title, it’s the duties you perform that determine your job category.

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