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Even Texas labor laws have their limits

June 2021 employment law letter
Authors: 
Jacob M. Monty, Monty & Ramirez, LLP

Imagine suffering from carbon monoxide poisoning, reporting it, and then being fired for seeking medical attention. Toxic work environment? The Occupational Safety and Health Administration (OSHA) says yes.

Poisoned, then fired

A Texas hotel is in hot water with OSHA. In January 2019, an employee of All Seasons Hospitality and Investments notified her employer she felt ill following exposure to carbon monoxide. She asked her supervisor to call an ambulance, but he refused.

The employer also threatened to fire the employee if she sought medical attention. Given her options, she chose medical treatment over workplace harassment and headed to the hospital. Then, she was fired for it.

Is Texas the wild west of labor laws?

In many ways, Texas may seem like a lawless land when it comes to labor laws. It’s one of few states that strongly favors the employer over workers' rights:

  • In 2019, Texas ranked in the bottom 30 percent of best states to work in according to an analysis by Oxfam America.
  • In contrast, it ranked #3 in a 2020 study of best places to start a business.

Some of that, of course, is because of the economic growth Texas is experiencing, but you would be remiss to deny that labor laws also play a part in why businesses move to or start up in the state.

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