Employment Law Guide for Workers in Austin, Texas

Introduction: Why Austin Workers Need a Local Employment Law Guide

Austin is one of the fastest-growing labor markets in the United States. From global tech giants like Dell Technologies and Oracle to state agencies and the University of Texas, opportunities span information technology, government, education, health care, and the creative arts. However, rapid growth can also magnify workplace conflicts. Wage disputes in the booming service industry along Sixth Street, discrimination claims in the thriving tech corridor along Metric Boulevard, and retaliation concerns for whistleblowers in the public sector are all on the rise. Understanding austin workplace rights is critical for safeguarding your livelihood in Central Texas.

This fact-checked guide—rooted in the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, and the Texas Commission on Human Rights Act (TCHRA)—explains the protections available to employees and the steps to take when those protections are violated. While slightly favoring employees, it remains strictly grounded in authoritative sources. The focus is practical: deadlines, procedures, and local resources you can actually use.

Understanding Your Employment Rights in Texas

Texas’s At-Will Employment Doctrine

Texas is an at-will employment state. Under common law and § 38.001 of the Texas Labor Code, either the employer or the employee can terminate the employment relationship at any time, for any legal reason, or for no reason at all. But “at-will” does not mean “anything goes.” Termination cannot violate:

• Anti-discrimination statutes such as Title VII, the ADA, the ADEA, or the TCHRA.

• Public-policy exceptions recognized by Texas courts (e.g., Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), protecting employees who refuse to engage in illegal conduct).

• Contractual exceptions (individual employment contracts, collective bargaining agreements, or employer handbooks with enforceable promises).

• Statutory protections for military service, jury duty, and filing workers’ compensation claims.

Key Federal and State Statutes Protecting Austin Workers

• Title VII of the Civil Rights Act of 1964 – Prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin in workplaces with 15+ employees.

• Fair Labor Standards Act (FLSA) – Sets federal minimum wage, overtime rules, and child labor protections.

• Americans with Disabilities Act (ADA) – Requires reasonable accommodations and bans disability discrimination for employers with 15+ employees.

• Age Discrimination in Employment Act (ADEA) – Protects workers 40 and older from age discrimination.

• Texas Commission on Human Rights Act (TCHRA), Tex. Lab. Code §§ 21.001–21.556 – Mirrors many Title VII protections and permits victims to pursue relief in Texas state courts.

• Texas Payday Law, Tex. Lab. Code §§ 61.001–61.095 – Enforced by the Texas Workforce Commission (TWC) to recover unpaid wages.

• Texas Whistleblower Act, Tex. Gov’t Code §§ 554.001–554.010 – Protects public employees who report violations of law by their agencies or supervisors.

Federal and state laws overlap, but they are not identical. Strategic claim selection can maximize damages, shift attorney fees, or extend filing deadlines. An experienced employment lawyer austin texas can help craft the best approach.

Common Employment Law Violations in Texas

1. Wage and Hour Violations

In Central Texas’s hospitality sector, off-the-clock work and misclassification of employees as independent contractors frequently violate the FLSA. Employers must pay non-exempt workers 1.5× their regular rate for hours exceeding 40 in a workweek. Austin tech start-ups sometimes label programmers “exempt” without meeting the salary-basis or duties tests, risking back-pay liability.

2. Discrimination and Harassment

EEOC charge data show Texas consistently ranks among the top states for discrimination filings. Common scenarios in Austin include:

• Racial slurs or disparate promotion standards in construction projects along I-35 redevelopment.

• Pregnancy accommodation refusals in call centers and customer-service hubs.

• Ageism in layoffs during corporate mergers along the Highway 183 tech corridor.

3. Retaliation

Retaliation—the act of punishing employees for asserting their rights—now surpasses race discrimination as the most common basis for EEOC charges nationwide. Texas Labor Code § 21.055 forbids it, as do federal statutes.

4. Wrongful Termination

Because Texas is at-will, “wrongful termination” must fit a legal exception. Examples include firings that violate anti-discrimination laws, public-policy exceptions, or retaliation prohibitions. Keyword searches for texas wrongful termination often spike following large layoffs at major Austin employers.

5. Failure to Accommodate Disabilities

Under the ADA and TCHRA, employers must engage in the interactive process and provide reasonable accommodations unless doing so causes undue hardship. Remote-work options—now common in Austin’s tech ecosystem—can be a reasonable accommodation when supported by medical documentation.

Texas Legal Protections & Employment Laws in Detail

Minimum Wage & Overtime

Texas follows the federal minimum wage: $7.25/hour. Municipalities generally cannot adopt higher minimums (Tex. Lab. Code § 62.0515). The FLSA provides:

• Overtime at 1.5× the regular rate after 40 hours.

• Two-year statute of limitations (three years for willful violations) under 29 U.S.C. § 255(a).

• Liquidated damages equal to unpaid wages unless the employer shows good-faith compliance (29 U.S.C. § 260).

Equal Pay

The Equal Pay Act and TCHRA prohibit wage disparities based on sex. Austin’s high percentage of women in software engineering magnifies the importance of pay-equity audits.

Statutes of Limitation for Discrimination Claims

• EEOC: File within 300 days of the discriminatory act because Texas has its own fair-employment agency (TWC, Civil Rights Division).

• TWC: 180-day deadline for state administrative complaints.

• Federal Court: After receiving a Notice of Right to Sue, you have 90 days to file a Title VII, ADA, or ADEA lawsuit.

• State Court: Under the TCHRA, suit must be filed within two years after the complaint is filed with the TWC provided administrative remedies are exhausted.

Family and Medical Leave

The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid leave per year. Employers must maintain health benefits and reinstate employees to their prior or equivalent positions. Afraid of losing time-sensitive projects, Austin firms sometimes unlawfully pressure employees on FMLA leave to respond to emails or attend calls.

Whistleblower Protections

Federal statutes such as the False Claims Act and Occupational Safety and Health Act contain anti-retaliation provisions. Texas public-sector employees are further shielded by the Texas Whistleblower Act if they report legal violations to an appropriate law-enforcement authority.

Steps to Take After Workplace Violations

1. Document Everything

Create a timeline: dates, times, names of witnesses, copies of emails, screenshots, pay stubs, or performance reviews. Texas courts consider contemporaneous notes more credible. Store documentation on a personal device, not your employer’s equipment.

2. Review Internal Policies

Handbooks, arbitration clauses, and contract terms may dictate how and when to bring a complaint. Some Austin tech companies require written notice to HR before arbitration.

3. File an Internal Complaint

Most statutes expect employees to give the employer a reasonable chance to correct violations. Use email to create a verifiable record.

4. Meet Critical Deadlines

• TWC Wage Claim: File within 180 days of when wages were due.

• OSHA Retaliation: Typically 30 days, though some statutes afford more time.

• Sarbanes-Oxley: 180 days for corporate whistleblower claims.

5. Consult an Attorney Early

Attorneys can help you avoid procedural traps, calculate damages, and negotiate severance. Under Texas Rule of Professional Conduct 5.05, only licensed attorneys may give legal advice. Verify licensure via the State Bar of Texas Attorney Search.

When to Seek Legal Help in Texas

Red Flags That Warrant Immediate Counsel

• You received a severance agreement with a release of claims.

• You suspect systemic discrimination affecting multiple employees.

• HR or management threatens termination after you engage in protected activity.

• You have missed paychecks or overtime totaling more than $1,000.

• Deadlines (180, 300, or 730 days) are approaching.

Benefits of Hiring an Austin-Based Lawyer

Local counsel understands jury pools in Travis County, standing orders of the Western District of Texas, and the nuances of state agencies headquartered on Congress Avenue. A seasoned employment lawyer austin texas can also coordinate with the regional EEOC office at 5410 Fredericksburg Road, San Antonio (serving Austin) and the TWC Civil Rights Division on Guadalupe Street.

Fee Structures

Texas attorneys commonly handle wage and discrimination cases on contingency, meaning no fees unless recovery occurs. Ethics Opinion 611 of the Texas Professional Ethics Committee permits contingency fees in most employment matters, but written agreements are mandatory.

Local Resources & Next Steps

Government Agencies

Texas Workforce Commission Payday Claim Portal U.S. Equal Employment Opportunity Commission U.S. Department of Labor Wage & Hour Division OSHA Whistleblower Protection Program

Non-Profit and Community Groups

• Equal Justice Center – Provides low-cost legal services to workers across Central Texas.

• Workers Defense Project – Offers know-your-rights workshops and advocacy for construction workers.

• Texas RioGrande Legal Aid – Free legal services for qualifying low-income individuals.

Court Locations Serving Austin

• Travis County Civil and Family Courts Facility – 1700 Guadalupe St.

• U.S. District Court, Western District of Texas – 501 W. 5th St.

Each forum has distinct rules; missing a filing requirement can end your case before it begins.

Summary Checklist

• Identify the statute that applies (Title VII, FLSA, TCHRA, etc.).

• Mark the filing deadline on your calendar.

• Gather documents and witness statements.

• File administrative charges if required.

• Contact qualified legal counsel.

Legal Disclaimer

This guide provides general information for workers in Austin, Texas. It is not legal advice and does not create an attorney-client relationship. Consult a licensed Texas employment attorney regarding your specific facts.

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.