Comprehensive Employment Law Guide for San Antonio, Texas

Introduction: Why Employment Law Matters in San Antonio

San Antonio is home to more than 1.4 million residents and a diverse economy built on military, healthcare, hospitality, technology, and the energy sector. Whether you work on the River Walk, in a data center along IH-35, or at one of the city’s large military installations, knowing your rights under Texas employment law is crucial.

Texas follows the at-will employment doctrine, but a network of federal and state statutes—such as the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, and Chapter 21 of the Texas Labor Code (Texas Commission on Human Rights Act, or TCHRA)—protects San Antonio workers from wage theft, discrimination, retaliation, and other unlawful practices. This guide offers an employee-focused, fact-checked overview of those protections and lays out practical steps local workers can take when problems arise.

Understanding Your Employment Rights in Texas

1. The At-Will Doctrine and Key Exceptions

Texas is an at-will state. Your employer can terminate you—or you can resign—at any time, for any reason, or for no stated reason at all. However, several critical exceptions override at-will termination:

• Statutory Protections: An employer cannot fire you for a reason prohibited by law, such as race, color, sex (including pregnancy and sexual orientation), national origin, religion, disability, age (40+), or military status under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and TCHRA.

• Retaliation Prohibition: Employers may not terminate or otherwise punish workers for filing a discrimination charge, reporting wage violations, or acting as a whistleblower. See Texas Labor Code §§ 21.055 and 451.001.

• Public Policy Exception: Texas courts recognize a narrow Sabine Pilot exception preventing termination for refusing to perform an illegal act. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).

• Contractual Rights: Union collective-bargaining agreements or individual employment contracts (including certain offer letters and stock agreements) may limit an employer’s termination rights.

2. Minimum Wage, Overtime, and Payday Laws

Texas has adopted the federal minimum wage—currently $7.25 per hour—under Texas Labor Code § 62.051. Nonexempt employees are entitled to overtime pay of 1.5 times their regular rate for hours worked over 40 in a workweek (FLSA, 29 U.S.C. § 207). Key points every San Antonio employee should know:

• Tipped Workers: The cash wage for tipped employees may be as low as $2.13 per hour, but tips plus cash wages must meet the $7.25 floor (29 C.F.R. § 531).

• Payday Law: Employers must designate paydays (usually biweekly or semimonthly) and give written notice to employees. Failure to pay wages due can trigger a Texas Workforce Commission (TWC) wage claim.

• Independent Contractor Misclassification: Mislabeling an employee as an independent contractor violates both Texas and federal law, depriving workers of overtime and benefits. The U.S. Department of Labor has aggressively pursued misclassification in construction and oil-field services—industries prevalent around San Antonio.

3. Discrimination & Harassment

The Texas Commission on Human Rights Act mirrors Title VII but applies to employers with 15 or more employees (for disability discrimination, the threshold is also 15). Harassment becomes unlawful when it creates a hostile work environment or results in a tangible job detriment. Under both state and federal law, employers must take prompt remedial action after receiving notice of harassment.

4. Leave & Accommodation Rights

• Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for certain health and family reasons. Applies to employers with 50+ employees within 75 miles.

• Pregnancy Accommodations: ADA and the Pregnancy Discrimination Act require reasonable accommodations for pregnancy-related medical conditions unless undue hardship.

• COVID-19 Updates: Temporary federal emergency paid sick leave expired, but ADA interactive-process obligations, OSHA safety standards, and TWC unemployment insurance benefits still apply for pandemic-related absences.

Common Employment Law Violations in Texas

1. Wage Theft and Off-the-Clock Work

Failing to pay overtime, taking illegal tip pools, or forcing workers to clock out while still working are routine complaints filed with TWC’s Labor Law Section. In 2023, TWC recovered millions in unpaid wages statewide. San Antonio’s hospitality sector—hotels along the River Walk and SeaWorld—sees frequent tip credit and overtime disputes.

2. Misclassification and Unpaid Overtime in Oil & Tech Roles

Drilling consultants, frack hands, and computer systems analysts are often wrongly labeled “exempt.” FLSA exemptions for executive, administrative, professional, computer, and outside sales employees require meeting both salary and duties tests. Salaried pay alone does not foreclose overtime rights.

3. Discrimination & Retaliation

EEOC San Antonio Field Office data shows retaliation is the most commonly alleged basis (over 40% of local charges in 2022). Termination or discipline after reporting harassment, filing a workers’ compensation claim, or requesting accommodation violates both Title VII and TCHRA.

4. Wrongful Termination Based on Protected Activity

Examples include firing an HR specialist for refusing to alter payroll records (protected whistleblowing) or dismissing a warehouse employee for participating in jury duty (Texas Civil Practice & Remedies Code § 122.001).

Texas Legal Protections & Employment Laws

1. Core Statutes Every San Antonio Worker Should Know

• Fair Labor Standards Act (FLSA) – governs minimum wage and overtime.

• Texas Labor Code Chapter 62 – state minimum wage law.

• Texas Payday Act (Labor Code Chapter 61) – ensures timely wage payment.

• Texas Commission on Human Rights Act (Labor Code Chapter 21) – mirrors Title VII and ADA for discrimination claims.

• Occupational Safety and Health Act (OSHA) – safe workplace standards.

2. Statutes of Limitations

• EEOC/TWC Discrimination Claims: 300 days from the last discriminatory act to file an EEOC charge in Texas (because Texas is a deferral state with its own agency, TWC Civil Rights Division).

• FLSA Overtime Claims: 2 years (3 years if willful) from the violation.

• Texas Payday Act Wage Claims: 180 days from the date wages were due.

• Sabine Pilot Wrongful Termination: 2 years from termination.

3. Administrative Exhaustion Requirements

For discrimination, harassment, and retaliation claims, employees must file a charge with either the EEOC or the TWC Civil Rights Division before heading to court. After investigation, the agency issues a Notice of Right to Sue. Failure to exhaust administrative remedies can bar courtroom relief.

4. Texas Attorney Licensing Rules

Only attorneys licensed by the State Bar of Texas may provide legal representation in Texas courts. Non-lawyers may not give legal advice or represent employees beyond limited EEOC or TWC wage claim guidance (Texas Government Code §§ 81.101-81.103).

Steps to Take After Workplace Violations

1. Document Everything

Maintain copies of timesheets, pay stubs, emails, and witness names. Under the National Labor Relations Act (NLRA), most employees have a right to discuss wages with coworkers—helpful for gathering evidence of wage disparities.

2. Use Internal Complaint Mechanisms

Promptly report discrimination or unpaid wages through company channels (HR, ethics hotline). Courts often consider whether employees gave employers a chance to correct problems, especially in harassment cases.

3. File with TWC or EEOC

• Wage Claim: Submit a wage claim form with the TWC Labor Law Section within 180 days. The TWC can issue binding wage orders and liens.

Discrimination Charge: File within 300 days of the violation. You can file in person at the EEOC San Antonio Field Office or online through the EEOC Public Portal.

4. Consider Mediation

Both EEOC and TWC offer free mediation programs. Settlements may include back pay, reinstatement, or policy changes.

5. Preserve Deadlines for Court

After receiving a Right to Sue from the EEOC, you generally have 90 days to file in federal court; for TCHRA claims, you have 60 days to file in state court after receiving notice. Missing these windows can permanently bar your claims.

When to Seek Legal Help in Texas

1. Complex Wage and Hour Disputes

Collective actions under FLSA require opt-in consents, court approval, and specialized knowledge of exemption regulations. An employment lawyer in San Antonio, Texas can evaluate damages for unpaid overtime, liquidated damages, and attorney fees.

2. Retaliation and Whistleblower Claims

Texas whistleblower protections vary by statute (e.g., Texas Whistleblower Act applies to public employees only). A lawyer can identify appropriate legal theories and preserve evidence.

3. Negotiating Severance and Non-Competes

Texas enforces reasonable non-competition agreements under Business & Commerce Code § 15.50. Counsel can negotiate geographic scope and duration or pursue declaratory relief if the covenant is overly broad.

Local Resources & Next Steps

• TWC Workforce Solutions Alamo: 6723 S. Flores St., San Antonio, TX 78221—offers job search and re-training after wrongful termination.

• San Antonio Equal Employment Opportunity Office (EEOC Field Office): 5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229.

• U.S. Department of Labor Wage & Hour Division – San Antonio District: 10127 Morocco Dr., San Antonio, TX 78216.

For more information, consult these authoritative resources:

Texas Labor Code Online

Texas Workforce Commission – Employee Rights

U.S. Department of Labor – FLSA Overview

Legal Disclaimer

This article provides general information for workers in San Antonio, Texas. It is not legal advice. Laws change, and every case is unique. Consult a licensed Texas employment attorney for guidance specific to your situation.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.