[COMPANY NAME]
Comprehensive Employee Handbook
(State of Texas)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Employment Relationship & Status
3.2 Equal Employment Opportunity & Anti-Discrimination
3.3 Wage & Hour Compliance
3.4 Timekeeping, Paydays & Payroll Deductions
3.5 Leave & Time-Off Policies
3.6 Employee Benefits Overview
3.7 Workplace Conduct & Safety - Representations & Warranties (Employee Acknowledgements)
- Covenants & Restrictions
- Default & Remedies (Disciplinary Process)
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block (Acknowledgement of Receipt)
[// GUIDANCE: Revise the Table of Contents after customizing or re-ordering any sections.]
1. DOCUMENT HEADER
1.1 Title. This Comprehensive Employee Handbook (the “Handbook”) sets forth the employment policies, practices, and procedures of [COMPANY NAME], a [STATE OF FORMATION] [ENTITY TYPE] (the “Employer”).
1.2 Effective Date. This Handbook is effective as of [EFFECTIVE DATE] (the “Effective Date”) and supersedes all prior versions.
1.3 Governing Law. This Handbook is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
1.4 At-Will Employment Disclaimer. Nothing in this Handbook creates a contract of employment for any definite term. Employment with the Employer is “at-will,” meaning either the Employee or the Employer may terminate the employment relationship at any time, for any lawful reason, with or without notice.
1.5 Reservation of Rights. The Employer reserves the right to modify, revoke, suspend, terminate, or change any or all plans, policies, or procedures described in this Handbook, in whole or in part, at any time with or without notice, to the fullest extent permitted by applicable law.
2. DEFINITIONS
For purposes of this Handbook, the following capitalized terms have the meanings set forth below:
“At-Will Employment” means employment that may be terminated by either the Employer or the Employee, at any time, with or without cause or notice, consistent with Tex. Lab. Code § 406.0327 and common-law principles.
“Employee” means any individual classified by the Employer as a regular full-time, part-time, temporary, seasonal, or contingent worker, as further described in Section 3.1.2.
“Employer” has the meaning set forth in Section 1.1.
“FLSA” means the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq.
“Handbook” has the meaning set forth in Section 1.1.
“Hours Worked” has the same meaning as under the FLSA and implementing regulations.
“Payday” means the regularly occurring date on which wages are paid as required by Tex. Lab. Code §§ 61.011–.012.
“Protected Classification” means any class protected under federal, state, or local anti-discrimination laws, including but not limited to race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, genetic information, veteran status, and any other status protected by Title VII, the Texas Commission on Human Rights Act (Tex. Lab. Code Chapter 21), or other applicable law.
[// GUIDANCE: Add, remove, or revise defined terms to match customized provisions and cross-references throughout.]
3. OPERATIVE PROVISIONS
3.1 Employment Relationship & Status
3.1.1 Nature of Employment. Employment with the Employer is At-Will Employment. Only the [TITLE OF AUTHORIZED OFFICER] may enter into any agreement contrary to the At-Will Employment doctrine, and any such agreement must be in a separately executed, written contract signed by both the Employer and the Employee.
3.1.2 Employee Classifications.
a. Exempt vs. Non-Exempt. Employees are classified in accordance with the FLSA and applicable Texas wage-hour statutes.
b. Full-Time, Part-Time, and Temporary. Definitions for benefit eligibility purposes are as follows:
• Full-Time: Employees regularly scheduled to work [≥ 30/40] hours per week.
• Part-Time: Employees regularly scheduled to work fewer than [< 30/40] hours per week.
• Temporary/Seasonal: Employees engaged for a specific project or limited duration.
3.2 Equal Employment Opportunity & Anti-Discrimination
3.2.1 Policy Statement. The Employer provides equal employment opportunities to all Employees and applicants without regard to any Protected Classification, consistent with Title VII of the Civil Rights Act of 1964, the Texas Commission on Human Rights Act (Tex. Lab. Code §§ 21.001 et seq.), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and all other applicable laws.
3.2.2 Harassment Prohibited. Harassment is strictly prohibited. The Employer maintains a zero-tolerance policy and provides a reporting procedure set forth below.
3.2.3 Reporting & Investigation. Any Employee who believes they have been subjected to discrimination, harassment, or retaliation must promptly report the conduct to [HR TITLE OR DESIGNATED OFFICER] or via [HOTLINE/ONLINE PORTAL]. The Employer will investigate all complaints and take appropriate corrective action.
3.2.4 Retaliation. Retaliation against any Employee for making a good-faith complaint or participating in an investigation is prohibited.
3.3 Wage & Hour Compliance
3.3.1 Minimum Wage & Overtime. The Employer complies with the FLSA and the Texas Minimum Wage Act (Tex. Lab. Code Chapter 62). Non-Exempt Employees are paid overtime at one-and-one-half times their regular rate for Hours Worked in excess of forty (40) in a workweek.
3.3.2 Timekeeping. Non-Exempt Employees must accurately record all Hours Worked using [TIMEKEEPING SYSTEM]. Alteration, falsification, or destruction of time records is grounds for discipline, up to and including termination.
3.3.3 Paydays. Wages are paid on [WEEKLY/BIWEEKLY/SEMI-MONTHLY] Paydays in compliance with Tex. Lab. Code § 61.012.
3.3.4 Payroll Deductions. Authorized deductions include federal and state taxes, court-ordered garnishments, Employee benefit contributions, and any other lawful deductions authorized in writing by the Employee.
3.3.5 Meal & Rest Breaks. While not mandated by Texas law, the Employer provides [SPECIFY BREAK POLICY] consistent with operational needs and applicable FLSA interpretations.
3.4 Time-Off & Leave Policies
3.4.1 Family & Medical Leave Act (FMLA). Eligible Employees may take up to 12 weeks of unpaid, job-protected leave for qualifying reasons under the FMLA. Eligibility requires (i) at least 12 months of service, (ii) 1,250 Hours Worked in the preceding 12 months, and (iii) employment at a location with 50+ Employees within 75 miles.
3.4.2 Military Leave. The Employer complies with USERRA and Texas Government Code Chapter 437 requirements for military leave and reinstatement.
3.4.3 Jury Duty. Employees summoned for jury duty will be granted unpaid leave as required by Tex. Lab. Code § 52.051, and will not be retaliated against.
3.4.4 Voting Leave. Employees who lack sufficient time outside working hours to vote may take paid leave as required by Tex. Elec. Code § 276.004.
3.4.5 Crime-Victim & Domestic Violence Leave. Leave will be granted in accordance with applicable Texas laws and federal Victims’ Economic Security and Safety Act (if and as adopted).
3.4.6 Bereavement, Personal, and Other Leaves. The Employer may, in its discretion, provide additional leave as outlined in [APPENDIX A].
[// GUIDANCE: Some Texas cities had attempted mandatory paid sick leave ordinances that have been pre-empted. Confirm local requirements before finalizing Section 3.4.]
3.5 Employee Benefits Overview
3.5.1 Group Health Insurance. The Employer offers group health coverage to eligible Full-Time Employees consistent with the Affordable Care Act (ACA).
3.5.2 Retirement Plans. Eligible Employees may participate in [401(k)/SIMPLE IRA/OTHER PLAN] subject to plan documents.
3.5.3 Workers’ Compensation. The Employer maintains workers’ compensation insurance as required by Tex. Lab. Code Chapter 406.
3.5.4 COBRA & State Continuation. Continuation coverage is offered in accordance with federal COBRA (29 U.S.C. § 1161 et seq.) and Texas continuation requirements (Tex. Ins. Code Chapter 1251).
3.6 Workplace Conduct & Safety
3.6.1 Drug-Free Workplace. The Employer prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances on Company premises or while conducting Company business.
3.6.2 Alcohol Policy. Alcohol may only be consumed on Company premises during Company-sponsored events with prior written approval from [TITLE].
3.6.3 Weapons Policy. Consistent with Tex. Penal Code § 46.03, Employees are prohibited from carrying firearms or other weapons on Company premises, except as otherwise permitted by law and Company policy [INSERT ANY PARKING LOT EXCEPTION].
3.6.4 Workplace Violence. Threatening or violent behavior will not be tolerated and may result in immediate termination.
3.6.5 Safety Compliance. Employees must comply with all OSHA regulations and Company safety rules. Workplace injuries must be reported immediately to [SUPERVISOR OR HR].
4. REPRESENTATIONS & WARRANTIES (EMPLOYEE ACKNOWLEDGEMENTS)
4.1 Eligibility to Work. The Employee warrants that they are legally authorized to work in the United States and will maintain such authorization throughout employment.
4.2 Accuracy of Information. The Employee represents that all information provided to the Employer during the hiring process is true and complete.
4.3 Duty of Loyalty. The Employee acknowledges a fiduciary duty of loyalty to the Employer during working hours and while using Employer resources.
5. COVENANTS & RESTRICTIONS
5.1 Confidentiality. The Employee shall hold in strict confidence all Confidential Information acquired during employment and shall not disclose such information except in furtherance of the Employer’s business or as required by law.
5.2 Conflicts of Interest. The Employee agrees to avoid any activity that creates an actual or potential conflict of interest and to report any such conflict to [HR/OFFICE OF GENERAL COUNSEL].
5.3 Intellectual Property. All work product created within the scope of employment is and shall remain the exclusive property of the Employer.
5.4 Compliance with Laws & Policies. The Employee covenant to comply with all applicable federal, state, and local laws and all Company policies, procedures, and codes of conduct.
5.5 Non-Solicitation. For a period of [TIME PERIOD—e.g., 12 months] following termination, the Employee shall not solicit, directly or indirectly, any current Employee to leave the Employer’s employ.
[// GUIDANCE: Confirm enforceability of non-solicitation under Tex. Bus. & Com. Code § 15.50 et seq. and tailor geographic/scope limitations.]
6. DEFAULT & REMEDIES (DISCIPLINARY PROCESS)
6.1 Grounds for Discipline. Grounds include, without limitation: violation of Company policy, unsatisfactory performance, misconduct, insubordination, or any unlawful act.
6.2 Progressive Discipline (Optional). At its sole discretion, the Employer may utilize the following steps: (i) verbal warning; (ii) written warning; (iii) final written warning or suspension; and (iv) termination. Nothing herein limits the Employer’s right to bypass steps or terminate immediately.
6.3 Termination. The Employer may terminate employment at any time. The Employee may voluntarily resign at any time with [NOTICE PERIOD] notice.
6.4 Post-Termination Obligations. Upon termination, the Employee shall return all Company property and comply with post-employment covenants herein.
7. RISK ALLOCATION
7.1 Indemnification for Employee Conduct. To the fullest extent permitted by law, the Employee shall indemnify and hold the Employer harmless from any loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of the Employee’s willful misconduct, gross negligence, or violation of law outside the scope of employment.
7.2 Limitation of Liability. The Employer’s liability to the Employee for claims arising out of or related to employment shall be limited to the extent, and only to the extent, permitted by applicable Texas and federal statutes, including but not limited to the Texas Workers’ Compensation Act and any caps on damages under Tex. Civ. Prac. & Rem. Code Chapter 41.
7.3 Insurance. The Employer maintains, at minimum, statutory workers’ compensation coverage and any other insurance required by law.
[// GUIDANCE: Liability caps must not contravene statutory rights (e.g., FLSA liquidated damages).]
8. DISPUTE RESOLUTION
8.1 Governing Law. All disputes arising under or relating to this Handbook shall be governed by the laws of the State of Texas.
8.2 Forum Selection. Unless the optional arbitration in Section 8.3 is invoked, the parties consent to the exclusive jurisdiction of the state courts located in [COUNTY], Texas.
8.3 Optional Arbitration. By mutual written agreement executed after any dispute arises, the parties may submit the dispute to binding arbitration administered by [AAA/JAMS/TEXAS ARBITRATION PROVIDER] in accordance with its employment arbitration rules and the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
8.4 Injunctive Relief. The Employer may seek temporary, preliminary, and/or permanent injunctive relief in a court of competent jurisdiction to enforce Section 5 (Covenants & Restrictions) without posting bond, except as required by Tex. R. Civ. P. 684.
8.5 Jury Waiver. The parties acknowledge the constitutional right to a trial by jury and agree that no provision of this Handbook shall be construed as a waiver thereof.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. Only a written instrument signed by [CEO/HR DIRECTOR] may amend this Handbook. No employee or supervisor has authority to modify the At-Will Employment relationship.
9.2 Assignment. The Employer may assign this Handbook and its rights or obligations hereunder. The Employee may not assign any rights or delegate any obligations without prior written consent of the Employer.
9.3 Severability. If any provision of this Handbook is held unlawful or unenforceable, such provision shall be modified to the minimum extent necessary to render it lawful and enforceable, and the remaining provisions shall remain in full force and effect.
9.4 Integration / Entire Agreement. This Handbook, together with any executed employment agreements and benefit plan documents, constitutes the entire understanding between the Employer and the Employee regarding the subjects addressed herein.
9.5 Electronic Signatures. Electronic signatures and acknowledgements shall be deemed original for all purposes to the fullest extent permitted by Tex. Bus. & Com. Code § 322.007 (Texas Uniform Electronic Transactions Act).
9.6 Counterparts. This Handbook may be executed in one or more counterparts, each of which shall be deemed an original.
10. EXECUTION BLOCK (ACKNOWLEDGEMENT OF RECEIPT)
I, [EMPLOYEE NAME], acknowledge that I have received, read, and understood the [COMPANY NAME] Employee Handbook effective as of [EFFECTIVE DATE]. I understand that the policies described herein are subject to change at the Employer’s sole discretion, and that my employment is At-Will. I agree to comply with all policies, procedures, and expectations set forth in this Handbook.
| Employee Signature: _____ | Date: _______ |
| Printed Name: _____ | |
| Employer Representative: ______ | Date: _______ |
[// GUIDANCE: Consider adding notary or witness lines if using arbitration or restrictive covenants requiring additional formality under Texas law.]
End of Handbook