Employment Law Guide for San Antonio, Texas Workers

Introduction: Employment Law and Minimum Wage Rights in San Antonio, Texas

San Antonio—the second-largest city in Texas and the economic hub of Bexar County—hosts a diverse workforce employed by military installations such as Joint Base San Antonio, Fortune 500 companies like USAA and Valero, regional grocery giant H-E-B, and a growing cybersecurity and bioscience sector clustered around Port San Antonio. Whether you clock in at a call center on the Northwest Side, work construction along Loop 1604, or serve guests on the River Walk, you are protected by both Texas and federal employment laws. Yet violations of minimum wage, overtime, and anti-discrimination statutes remain common. This comprehensive guide—written with a slight emphasis on employee protections—explains how “employment lawyer San Antonio Texas” practitioners analyze claims, which statutes apply, and what local resources exist when your workplace rights are threatened.

Understanding Your Employment Rights Under Texas and Federal Law

At-Will Employment and Its Exceptions

Texas follows the at-will employment doctrine, meaning an employer may terminate an employee for any reason—or no reason—unless the firing violates a specific law or an employment contract. Key exceptions include:

• Discrimination on protected grounds under Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e) and the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21).

• Retaliation for filing or assisting with a discrimination, wage, or safety complaint.

• Refusal to commit an illegal act (the Sabine Pilot public-policy exception recognized by the Texas Supreme Court).

• Written contracts, collective-bargaining agreements, or employer handbooks that create binding promises.

Minimum Wage and Overtime Basics

The Texas Minimum Wage Act, Texas Labor Code §62.051, adopts the federal minimum wage established by the Fair Labor Standards Act (FLSA). As of 2024 the rate is $7.25 per hour. Non-exempt employees must also receive overtime pay of at least 1.5 times their regular rate for hours worked over 40 in a workweek, per 29 U.S.C. §207. Common San Antonio industries—hospitality, janitorial services, oil-field support, and food processing—are regularly audited by the U.S. Department of Labor because of overtime violations.

Anti-Discrimination Protections

Under Title VII, the Americans with Disabilities Act (ADA), and the Texas Commission on Human Rights Act, employers with at least 15 employees may not discriminate based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or genetic information. The law also prohibits hostile-work-environment harassment and requires reasonable accommodation for disability or religion absent undue hardship.

Retaliation and Whistleblower Rights

Both federal and Texas statutes prohibit employers from retaliating against workers who engage in protected activities, such as reporting wage theft, filing an EEOC charge, or refusing to perform unlawful acts. Public employees may receive additional protection under the Texas Whistleblower Act (Tex. Gov’t Code §554).

Common Employment Law Violations in San Antonio

• Minimum Wage Underpayments – Restaurant servers incorrectly forced to participate in tip pools with management, oil-field roustabouts paid “day rates” below the hourly minimum, and home-health aides misclassified as independent contractors.

• Unpaid Overtime – Time spent donning protective gear at Toyota’s manufacturing plant or remaining “on call” at a South Side hospital often goes uncompensated.

• Misclassification – Rideshare drivers, IT consultants, and gig-economy workers labeled as contractors lose overtime and tax protections.

• Discrimination & Harassment – Latino workers alleging racial slurs on construction sites along Interstate 10, women in tech startups facing gender-based pay disparities, and LGBTQ+ employees denied promotions.

• Retaliation – Termination after reporting OSHA safety concerns at the Port San Antonio aerospace cluster or for taking military leave protected by USERRA.

Key Texas Legal Protections & Employment Laws

Statutes to Know

• Texas Labor Code Chapter 62 – Sets the state minimum wage and authorizes Texas Workforce Commission (TWC) wage-claim procedures.

• Texas Labor Code Chapter 21 – Incorporates the Texas Commission on Human Rights Act, mirroring many Title VII protections at the state level.

• Fair Labor Standards Act (FLSA); 29 U.S.C. §§201-219 – Establishes federal minimum wage, overtime, recordkeeping, and child labor rules.

• Title VII of the Civil Rights Act; 42 U.S.C. §2000e – Bars discrimination by covered employers.

• Family and Medical Leave Act (FMLA); 29 U.S.C. §2601 – Provides up to 12 weeks of unpaid, job-protected leave.

• Uniformed Services Employment and Reemployment Rights Act (USERRA) – Protects military service members, critical for San Antonio’s large veteran community.

Statutes of Limitations

• TWC Wage Claim: 180 days from the date wages originally became due (Texas Labor Code §61.051).

• EEOC or TWC-CRD Discrimination Charge: 300 days from the discriminatory act when state and federal remedies overlap; 180 days if filing only under state law.

• FLSA Lawsuit: Two years for ordinary violations, three years if the violation was “willful” (29 U.S.C. §255).

• Sabine Pilot Wrongful Termination: Generally two years under Texas’s catch-all limitations period.

Attorney Licensing in Texas

To represent clients in Texas state courts, lawyers must be licensed by the State Bar of Texas. Those advertising as an “employment lawyer San Antonio Texas” who claim special competence must be Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization (Tex. Disciplinary Rules of Prof’l Conduct 7.02).

Steps to Take After a Workplace Violation

1. Document Everything

Keep copies of pay stubs, schedules, emails, text messages, witness contact information, and notes of discriminatory remarks. For overtime, maintain a personal log of hours worked—San Antonio courts often accept employee-kept records when employers fail to comply with FLSA recordkeeping.

2. Use Internal Channels First

Many companies, including the City of San Antonio and major employers like Rackspace Technology, require written complaints to HR before litigation. Submitting a dated complaint can strengthen a later retaliation claim.

3. File a Claim with the Texas Workforce Commission

Employees seeking unpaid wages under $20,000 can file a TWC wage claim online or at Workforce Solutions Alamo (Main Office, 6737 South Flores, Suite 100). Claims must be filed within 180 days.

4. Submit an EEOC or TWC-CRD Charge

The EEOC San Antonio Field Office (Legacy Oaks, 5410 Fredericksburg Rd, Suite 200) investigates discrimination complaints. Dual filing automatically preserves state and federal claims. Remember the 300-day deadline.

5. Consider OSHA, FMLA, or USERRA Complaints

Safety violations can be reported to OSHA’s San Antonio Area Office, and military-leave issues to the U.S. Department of Labor’s Veterans’ Employment & Training Service.

6. Consult a Qualified Attorney

A lawyer can evaluate whether arbitration agreements, class-action waivers, or sovereign immunity defenses apply. Because Texas law can limit punitive damages, early case evaluation is crucial.

When to Seek Legal Help in Texas

Self-representation may suffice for small wage claims, but the following red flags often justify retaining counsel:

• Termination after reporting safety concerns.

• Complex FLSA collective actions with dozens of similarly situated employees.

• Requests for reasonable accommodation denied without discussion.

• Severance or non-compete agreements requiring review.

• Employer threatens defamation suits for negative Glassdoor reviews.

Most employment attorneys in San Antonio provide free initial consultations and work on contingency or fee-shifting statutes. Under 42 U.S.C. §1988 and FLSA §216(b), prevailing employees may recover attorney’s fees.

Local Resources & Next Steps for San Antonio Workers

• Workforce Solutions Alamo – Job search assistance and TWC connections (210-224-4357).

• EEOC San Antonio Field Office – File discrimination charges (1-800-669-4000).

• Texas RioGrande Legal Aid – Free legal aid for low-income workers (833-329-8752).

• U.S. Department of Labor Wage & Hour Division – San Antonio District Office – Investigates FLSA claims (210-308-4515).

• VETS – USERRA Assistance – Help for service members (1-866-4-USA-DOL).

Stay informed by reviewing official guidance from the Texas Workforce Commission and the U.S. Department of Labor.

Authoritative References

Texas Labor Code Chapter 62 – Minimum Wage Texas Workforce Commission Wage-Claim Process U.S. Department of Labor – FLSA Overview EEOC San Antonio Field Office

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employment laws change frequently, and their application depends on individual circumstances. Always consult a licensed Texas attorney before taking legal action.

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.