Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statutes of limitations within which a claim must be made or your legal rights will be lost. You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations.

Fair Labor Standards Act

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The U.S. Department of Labor publishes a reference guide which may be found here.

Continuation of Health Coverage COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan. COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end. COBRA outlines how employees and family members may elect continuation coverage. It also requires employers and plans to provide notice.

Employee Retirement Income Security Act ERISA

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.

Newborns' & Mothers' Protections (Newborns' Act)

The Newborns' and Mothers' Health Protection Act (Newborns' Act) includes important protections for mothers and their newborn children with regard to the length of the hospital stay following childbirth. The Newborns' Act requires that group health plans that offer maternity coverage pay for at least a 48-hour hospital stay following childbirth (96-hour stay in the case of Cesarean section).

Worker Adjustment and Retraining Notification (WARN) Act

WARN helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has issued compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN.

Texas Wage and Benefit Related Issues and Laws:

Unemployment Benefits

Texas administers claims for unemployment through the Texas Workforce Commission. This website provides information for businesses/employers and for job seekers/employees. The Texas Workforce Commission Appeals Policy and Precedent Manual may be found here.

Texas Payday Law

The Texas Workforce Commission administers the Texas Payday Law. Except for public employers, all Texas business entities, regardless of size, are covered by the Texas Payday Law. Other than close relatives and independent contractors, all persons who perform a service for compensation are considered employees. An employee who feels that he or she has not been paid all wages earned may file a complaint with the Texas Workforce Commission (TWC). The complaint must be signed, and the signature of the claimant must be verified by a Notary Public or by any employee of TWC. A wage claim must be filed no later than 180 days after the date the claimed wages originally became due for payment.

Texas Minimum Wage Act

Texas adopts the federal minimum wage rate by reference, thus any changes affecting the federal minimum wage will automatically affect the Texas minimum wage for all intended purposes.

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