Texas labor law regarding part-time employment is derived from federal labor law. Neither Texas state law nor nor federal law recognizes the difference between part-time and full-time employment, according to the U.S. Department of Labor. Employers are allowed to determine what part and full-time employment is, and part-time employees must follow the same rules as full-time employees.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, prohibits child labor and states that companies much keep records of hours worked and payments made to employees. FLSA does not require employers to provide vacation, holiday, severance or sick pay for any employees. Part-time employees also do not have to be notified of termination or discharge.
Although there are no specific laws regarding part-time employment, FLSA policies must be followed. Part-time employees are entitled to current minimum wage amounts and must be paid on a regular payday, according to the DOL. Overtime rates of one and one-half time the normal rate of pay must be paid for working more than 40 hours a week. There are some employees who are exempt from these rules based on the types of businesses they work for or specific jobs they hold, according to the DOL.
Texas is an at-will employment state. That means employers have the right to dismiss employees without cause, at any time, and employees can quit at any time. However, if the employer makes any type of promise regarding employment, such as promising someone from out-of-state a job, the at-will employment status has been altered and the employee may be able to challenge the at-will law.
Texas labor law states that 14- or 15-year-olds may not work more than eight hours in one day or more than 48 hours in a week. However, the FLSA says that 14 and 15 years are not allowed to work during school hours and can only work three hours on a school day or 18 hours in a school week. On non-school days, 14- and 15-year-olds may work between the hours of 7 a.m. and 7 p.m. while school is in session. Fourteen and 15-year-olds may work between the hours of 7 a.m. and 9 p.m. between June 1 and Labor Day. Youths who are 16 and 17 have no restrictions on the amount of hours, or time periods they may work.