It’s Illegal for Your Texas Boss to Do These Things

I know that a lot of broadcasters work under non-compete clauses or employment contracts. However, it’s very important to understand and review what all employees have rights to. Even if you're under contract, you have rights.

Some employers will tell you it's not legal to discuss wages/pay with other employees. Or they might ask personal questions about why you were out sick. If you have concerns, consider seeking legal advice to understand your rights.

Employers cannot for any reason violate your employee rights. The laws listed below are what I refer to as "written in stone", contract or no contract. To be certain, contact a labor lawyer or the Texas Workforce Commission for further advice.

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1. Discrimination: Employers cannot discriminate against employees based on race, color, religion, sex, national origin, disability, or age.
2. Harassment: Employers cannot engage in harassment based on protected characteristics. This includes sexual harassment, racial slurs, or any offensive comments.
3. Retaliation: Employers cannot retaliate against employees who exercise their rights, such as filing a complaint or participating in an investigation.
4. Privacy Invasion: Employers cannot invade an employee’s privacy by asking intrusive questions about personal matters, medical history, or family life.
5. Illegal Activities: Employers cannot ask employees to engage in illegal activities or violate laws.
6. Medical Information: Employers cannot ask about an employee’s medical history or disabilities unless it directly relates to the job or accommodations.
7. Marital or Family Status: Employers cannot inquire about an employee’s marital status, family planning, or pregnancy.
8. Protected Activities: Employers cannot prohibit employees from participating in protected activities, such as union organizing or discussing wages.
   Source: TWC (Texas Workforce Commission)

Remember that employees have rights, and employers must adhere to federal, state, and city laws to ensure fair treatment in the workplace. However, certain employment laws still apply when an employee is under a non-compete clause or an employment contract. Listed below are how these laws interact with contractual agreements:

1. Anti-Discrimination Laws: Even if an employee has signed a non-compete agreement, employers cannot discriminate based on protected characteristics (such as race, age, gender, religion, etc.). These laws remain in effect regardless of any contractual obligations.
2. Retaliation Protections: Employees are still protected from retaliation for exercising their rights, such as filing complaints or participating in investigations. Employers cannot retaliate against an employee for asserting their legal rights.
3. Privacy and Medical Information: While non-compete clauses may restrict certain activities related to competition, employers cannot invade an employee’s privacy by asking intrusive questions about personal matters or medical history.
4. Wage and Hour Laws: Employment contracts do not exempt employers from adhering to wage and hour laws. Employees must be paid according to state and federal regulations.
5. Child Labor Laws: Regardless of contractual agreements, employers must comply with child labor laws to ensure minors are not subjected to hazardous work conditions.
6. Right-to-Work State: Texas being a right-to-work state means that employers cannot deny employment based on union membership or non-membership, even if a non-compete clause is in place.
   Source: TWC (Texas Workforce Commission)

It's essential to review the specific terms of the non-compete agreement or employment contract. If you encounter a violation, seek legal advice or contact the Texas Workforce Commission.