Know Your Rights
Every worker in the hospitality industry—no matter your title, immigration status, or experience—deserves a safe, respectful, and legal workplace. Here’s a breakdown of your core rights on the job:
Federal Protections (U.S. Law)
Anti-Discrimination & Harassment Laws – [EEOC]
You’re protected under federal law from discrimination and harassment based on:
• Race, color, religion
• Sex (including sexual orientation & gender identity)
• Pregnancy
• National origin
• Age (40+)
• Disability
• Genetic information
Sexual harassment is illegal.
So is retaliation, if you report it.
Enforced by: Equal Employment Opportunity Commission (EEOC)
File a Complaint Online (https://www.eeoc.gov/filing-charge-discrimination)
2. Fair Wages & Overtime – [FLSA]
• You must be paid at least minimum wage (even if you earn tips)
• Overtime (1.5x) pay is required if you work more than 40 hours/week (unless exempt)
• Tips belong to you, not the employer—unless you’re in a valid tip pool
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Enforced by: U.S. Department of Labor – Wage and Hour Division
Wage & Hour Info (https://www.dol.gov/agencies/whd)
​3. Safety & Health – [OSHA]
• You have the right to a workplace free of hazards (excessive heat, chemicals, sharp tools, etc.)
• You can report safety violations anonymously
• Your employer cannot fire or punish you for
reporting unsafe conditions
Enforced by: Occupational Safety & Health Administration (OSHA)
Report a Safety Violation (https://www.osha.gov/workers/file-complaint)
State Protections (Example: Texas)
Every state has its own labor laws. Some are stronger than federal laws, others are weaker. In Texas, here’s what you should know:
• No mandatory meal/rest breaks required by law
• At-will employment means you can be fired for almost any reason
—but not for reporting abuse, discrimination, or unsafe conditions
• Tipped workers must still make at least $7.25/hr total, including
tips. If you don’t, your employer must pay the difference.
State agency: Texas Workforce Commission
TWC Wage Claim Info: (https://www.twc.texas.gov/jobseekers/employee-rights-wages)
Quick Guide: Red Flags That Violate Your Rights
• Being touched inappropriately by a manager or coworker
• Being fired for reporting harassment
• Being paid under the table and not receiving minimum wage
• Being told to work off the clock or skip breaks
• Being injured on the job and told not to report it