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Step 4: Business Employer Requirements

The final step in starting a business is determining the federal and state employer requirements. As an employer, you have labor, safety, and tax obligations. The information below is the labor, safety, access, and new hire reporting regulations administered by federal and state agencies. For employer tax requirements, refer to "Step 2: Tax Responsibilities"

Federal Requirements

Americans with Disabilities Act Requirements

  • The Americans with Disabilities Act (ADA) provides protection for people with disabilities in the areas of employment, public services and transportation, public accommodation, and telecommunications. For more federal information on how the Americans with Disabilities Act will affect a business and for technical assistance with provisions applying to employment, contact:

    U.S. Equal Employment Opportunity Commission
    1801 L Street N W
    Washington, D.C. 20507
    800/669-4000 or 800/669-6820 (TDD)

  • For technical assistance on the ADA standards for accessible design and other ADA provisions applying to businesses, nonprofit agencies, and state and local government services, contact:

    Office on the Americans with Disabilities Act: Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, DC 20035
    800/514-0301 or 800/514-0383 (TDD)

  • For specific information regarding the ADA requirements for telecommunications, contact:

    Federal Communications Commission
    1919 M Street N W
    Washington, D.C. 20554
    202/418-0600 or 202/418-7233 (TDD)

  • For information regarding the ADA requirements for accessible design in new construction and alterations, contact:

    U.S. Architectural and Transportation Barriers Compliance Board
    1331 F Street N W, Suite 1000
    Washington, DC 20004
    800/872-2253 or 800/993-2822 (TDD)

  • For information regarding the ADA requirements for transportation, contact:

    U.S. Department of Transportation
    400 Seventh Street SW
    Washington, DC 20590
    888/446-4511 or 800/877-8339 (TDD)

  • For additional ADA information, contact:

    President's Committee on Employment of People with Disabilities
    1331 F Street, NW, Suite 300
    Washington, D.C. 20004
    202/376-6200 or 202/376-6205 (TDD)

Equal Employment Requirements

  • Federal and state laws prohibit employment discrimination. The United States Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission, Human Rights Division are charged with enforcing fair employment laws which prohibit discrimination on the basis of race, color, sex, religion, disability, age, or national origin. Current statutes cover all employment transactions. All employers with 15 or more employees engaged in an industry affecting commerce, employment agencies, and labor unions are prohibited from denying equal employment opportunities. Regardless of the number of individuals employed, a county, municipality, and any state agency or instrumentality including public institutes of education, are also prohibited from denying equal employment opportunities. The TWC, Human Rights Division will assist local governments in establishing human rights commissions and provide technical assistance and training to employers to facilitate compliance with laws prohibiting employment discrimination. The TWC, Human Rights Division has jurisdiction for investigating employment complaints in Texas. The EEOC promotes voluntary programs that allow employers and organizations to implement equal employment opportunity programs within their businesses. For information regarding federal equal employment requirements, contact:

    U.S. Equal Employment Opportunity Commission
    • Dallas District Office
      207 South Houston, 3rd Floor
      Dallas, Texas 75202
      214/655-3355 or 214/655-3363 (TDD)
    • El Paso District Office
      Commons Building C, Suite 100
      4171 North Mesa Street
      El Paso, Texas 79902
      915/534-6550 or 915/534-6545 (TDD)
    • Houston District Office
      1919 Smith Street, 7th Floor
      Houston, Texas 77002
      713/209-3320 or 713/209-3367 (TDD)
    • San Antonio District Office
      5410 Fredericksburg Road, Suite 200
      Mockingbird Plaza, Plaza II
      San Antonio, Texas 78229
      210/229-4810 or 210/229-4858

Safety Requirements

  • The Occupational Safety and Health Consultations (OSHCON) program is administered by the Texas Department of Insurance, Department of Workers’ Compensation. Free on-site safety and health inspections are available to alert the employer of possible federal Occupational Safety and Health Administration (OSHA) violations. Employers with fewer than 150 employees, who take advantage of the free inspection and meet the federal requirements, will be exempted from a scheduled inspection for 12 months. For more information regarding state occupational safety and health requirements, contact:

    OSHCON
    Texas Department of Insurance
    Division of Workers’ Compensation
    7551 Metro Center Drive, Ste. 100
    Austin, Texas 78744
    512/804-4636

Wage and Labor Requirements

  • For information on federal minimum wage laws, overtime, and other questions regarding wages and hours, contact:

    U.S. Department of Labor
    Regional Wage and Hour Offices
    Corpus Christi: 512/888-3520
    Dallas: 214/767-6294
    Houston: 713/339-5500
    San Antonio: 210/229-4515

  • For general information regarding federal labor laws, contact:

    U.S. Department of Labor
    Regional Office
    525 Griffin Street, Suite 800
    Dallas, Texas 75202
    214/767-6895

State Requirements

Americans with Disabilities Act Requirements

  • For information and technical assistance on the Americans with Disabilities Act, state disability policy information, disability statistics, and local disability resources, contact:

    Texas Governor's Committee on People With Disabilities
    P.O. Box 12428
    Austin, Texas 78711
    512/463-5739 or 512/463-5746 (TDD)

  • The Texas Department of Licensing and Regulation reviews construction documents for the construction or substantial renovation, modification, or alteration of buildings or facilities defined as public or commercial accommodations for architectural barriers. This review is mandated through the Americans with Disabilities Act. For additional information on architectural barriers, contact:

    Texas Department of Licensing and Regulation
    E.O. Thompson State Office Building
    P.O. Box 12157
    Austin, Texas 78711
    512/463-3211 or 800/803-9202

Drug-Free Workplace

  • Advice is available to Texas employers with 15 or more employees who maintain workers' compensation coverage. Employers must comply with certain drug-free workplace requirements, and are also subject to federal regulations. These federal regulations include the Drug-Free Workplace Act of 1988 and U.S. Department of Transportation regulations requiring drug and alcohol testing. For information, contact:

    Texas Drug-Free Workplace Initiative
    2525 Wallingwood, Bldg. 5
    Austin, Texas 78746
    512/328-1144 or 800/343-3822

Equal Employment Requirements

New Hire Program

  • New Hire Reporting may be accomplished online. It is mandated by federal law under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and requires employers to report new hires and rehires within 20 days.

    For more information about the State of Texas New Hire Program, how and when to report, visit Office of the Attorney General's New Hire website or contact the Texas Employer New Hire Reporting Operations Center at:

    Phone: 1-888-TEX-HIRE (1-888-839-4473)

    Fax: 1-800-732-5015

    E-mail: employer.newhire@cs.oag.state.tx.us

    Mail: Texas Employer New Hire Reporting
    Operations Center
    Post Office Box 149224
    Austin, Texas 78714-9924

Plant Closings

  • The Worker Adjustment and Retraining Notification Act (WARN), Public Law 100-379 (29 U.S.C. 2101 et seq.), requires certain employers to provide notice 60 days in advance of covered (employees subject to the Texas Unemployment Compensation Act) plant closings and covered mass layoffs. Notice must be made to either the affected workers or their representatives (e.g., a labor union), to the EDWAA Unit at TWC, and to the appropriate unit of local government. For more information or a copy of the Act, contact:

    EDWAA Unit
    Texas Workforce Commission
    101 East 15th Street, Suite 104T
    Austin, Texas 78778-0001
    512/936-0361

Safety Requirements

  • The Occupational Safety and Health Consultations (OSHCON) program is administered by the Texas Workers' Compensation Commission. Free on-site safety and health inspections are available to alert the employer of possible federal Occupational Safety and Health Administration (OSHA) violations. Employers with fewer than 150 employees, who take advantage of the free inspection and meet the federal requirements, will be exempted from a scheduled inspection for 12 months. For more information regarding state occupational safety and health requirements, contact:

    OSHCON
    Texas Workers Compensation Commission
    4000 South IH 35
    Southfield Building
    Austin, Texas 78704
    512/440-3745

Wage and Labor Requirements

  • The Texas Workforce Commission is charged with investigating and notifying appropriate county and/or district attorneys regarding all labor law violations. The Labor Law Department is charged with the enforcement of state and federal labor laws as well as the prosecution of offenders of these laws. State statutes include the Pay Day and Child Labor laws. For additional information, contact:

    Labor Law Department
    Texas Workforce Commission
    101 East 15th Street
    Austin, Texas 78778
    512/837-9559 or 800/832-9243

  • The Texas Workforce Commission provides a general employer information package for employers. To obtain this package, contact:

    Employer's Representative
    Texas Workforce Commission
    101 East 15th Street
    Austin, Texas 78778
    512/463-2826 or 800/832-9394

  • For information relating to labor questions, please contact:

    Labor's Representative
    Texas Workforce Commission
    101 East 15th Street
    Austin, Texas 78778
    512/463-2829 or 800/832-2829

  • Standards for apprenticeship training programs in Texas follow guidelines set forth by the U.S. Department of Labor, Bureau of Apprenticeship and Training. Specific details on these programs may be obtained by contacting:

    Bureau of Apprenticeship and Training
    U.S. Department of Labor
    525 Griffin Street, Suite 628
    Dallas, Texas 75202
    214/767-9263

Workers' Compensation Insurance

  • The Texas Workers' Compensation Commission publishes a new law guide, a quarterly newsletter, and an information brochure for employers to help them become more familiar with the basic requirements for workers’ compensation in Texas. To obtain these publications, contact:

    Texas Workers' Compensation Commission
    Southfield Building
    4000 South IH 35
    Austin, Texas 78704
    512/448-7900

  • For information on workers' compensation classifications groups, contact:

    Texas Department of Insurance
    333 Guadalupe
    Austin, Texas 78701
    512/322-3493

Labor Poster Requirements

The following is a list of federal and state labor posters required to be posted at a place of business. Please contact the agency indicated to request copies for posting.

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Office of the Governor, P.O. Box 12428, Austin, Texas 78711, Phone: (512) 463-2000, Fax: (512) 463-1849

Header Photo by Bob Daemmrich