Texas Right to Work Laws

Right-to-work laws prohibit labor union status (whether someone is a union member or non-union) as a requirement for a job. This means you don't have to join the union or have a labor security agreement or contract to get the job.

Texas has right-to-work laws prohibiting any contract requiring union membership (or nonmembership). Texas is an at-will employment state, meaning that under state law, an employer or an employee can end employment at any time.

Texas Policies on Union Membership

Texas right-to-work state and union laws are in Texas Labor Code §101.003, et seq. No person can get denied employment because of union membership or nonmembership in a labor union. Any contract that requires membership or nonmembership is prohibited, as is the denial of the right to work and bargain freely with the employer, individually or collectively.

Texas Labor Code specifically bans denying employment based on membership or nonmembership in a union.

This means an employer can't force you to join a union:

• After hiring or
• As a condition of your employment

Union members have their own sets of rights that vary from state to state and union to union.

Texas Right to Bargain

The Texas Labor Code prohibits a union or any organization from requiring collective bargaining. This is where only the union makes demands or deals with an employer on behalf of all union members.

As an at-will employment state, Texas employment law gives employees protections. This includes the freedom to bargain about their terms of employment. It doesn't matter if they are members of a labor union. This gives them employee rights to advocate for themselves. Labor unions believe collective bargaining for the entire union gives them leverage to effect change on a greater scale.

Labor Unions Defined

Right-to-work laws do not apply just to unions and union members in Texas. Texas law defines a labor union to include any incorporated or unincorporated:

• Group
• Local branch
• Lodge
• Union, or part of a union

The goal of the labor organization is to improve working conditions, wages, or employment of the workers. This is besides Texas workers' federal law protections for minimum wage and workplace safety under the Fair Labor Standards Act (FLSA) and Occupational Safety and Health Act (OSHA).

Right to Organize

Besides stopping union membership requirements to work, Texas labor law does allow union membership. Under Texas law, unions can:

• Associate and form trade unions and other organizations
• Influence others to enter or refuse employment (disclaimer: it is still the person's decision to take employment)
• Protect themselves individually

So what does this mean? Even though an employer would hire a union member, there could be enormous social pressure to not work with an employer if the union does not approve of it.

Federal Protections for Texas Employees

There are other employee protections outside of right-to-work laws in Texas. Under the federal Family and Medical Leave Act (FMLA), eligible employees can take unpaid leave for health-related care for themselves or a family member. Civil rights discrimination for age, disability, race, religion, national origin, and other reasons is still illegal in the workplace.

The United States Department of Labor regulates child labor laws under the Fair Labor Standards Act. These laws limit a minor's work hours during the school year.

Reporting Texas Employment Discrimination

You can report Texas employers to the Texas Workforce Commission for:

• Child labor law violations
• Civil rights violations
• Discrimination (age discrimination, national origin, sexual orientation, and more)
• Fraud
• Unemployment benefits
• Withholding payday wages

There are Texas Workforce Commission offices in major cities like Austin and Dallas.

Talk to a Texas Employment Lawyer

Suppose you believe someone denied you employment because you belong to a union or your employer forced you to join a union. In that case, you should connect with a Texas attorney with labor law experience. Besides helping you navigate labor law requirements, the attorney can help you recover damages, including union dues payments. A lawyer helps with other employment issues like workers' compensation, employment contracts, and overtime pay.