Employment Law Guide for Workers in Houston, Texas

Introduction: Why Employment Law Matters in Houston, Texas

With more than 3 million workers in the Houston–The Woodlands–Sugar Land metro area, the city drives much of Texas’s economy through energy, health care, manufacturing, and rapidly growing technology sectors. Whether you are a petroleum engineer in the Energy Corridor, a nurse in the Texas Medical Center, or a cashier at a local grocery chain, you are protected by both federal and Texas employment laws. Understanding these protections is critical because Texas follows the at-will employment doctrine, meaning most employees can be terminated for almost any reason—or no reason at all—unless an exception applies. Knowledge of the exceptions, the short filing deadlines, and the agencies involved can make the difference between losing and securing compensation for lost wages, emotional distress, and attorney’s fees.

This guide focuses on the legal landscape for Houston employees, using authoritative sources such as the Texas Labor Code, the Texas Commission on Human Rights Act (TCHRA), the Fair Labor Standards Act (FLSA), and Title VII of the Civil Rights Act. Each statute is interpreted by Texas courts and federal courts sitting in Texas, including the U.S. District Court for the Southern District of Texas (Houston Division) and the Fifth Circuit Court of Appeals. Below you will learn how these laws apply, which government agencies enforce them, and when you should consider contacting an employment lawyer in Houston, Texas.

Understanding Your Employment Rights in Texas

1. Texas’s At-Will Employment Doctrine

Under Texas common law, employment is presumed at will. An employer may terminate an employee at any time, with or without notice, and for any lawful reason. However, four major exceptions protect Houston workers:

• Statutory Protections: Employers cannot fire or refuse to hire based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion, disability, age (40+), or genetic information. These protections stem from Title VII (42 U.S.C. §2000e), the Age Discrimination in Employment Act (29 U.S.C. §621 et seq.), the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), and TCHRA (Texas Labor Code Chapter 21).
• Retaliation and Whistleblowing: Employees cannot be terminated for filing a discrimination charge, seeking workers’ compensation (Texas Labor Code §451.001), or refusing to commit an illegal act (the Texas Supreme Court’s Sabine Pilot exception).
• Contractual or Collective Bargaining Rights: Written contracts, offer letters, or union collective bargaining agreements can override the at-will default.
• Public Employee Protections: Government workers may have civil service or due-process rights, along with claims under the Texas Whistleblower Act (Tex. Gov’t Code §554.002).

2. Wage and Hour Rights

The FLSA guarantees Houston workers at least the federal minimum wage ($7.25/hour) and overtime pay of 1.5 times the regular rate for hours worked over 40 in a workweek. Texas has adopted the same minimum wage (Labor Code §62.051). Certain salaried executives, administrators, and professionals are exempt if they pass both the salary and duties tests defined by the U.S. Department of Labor (DOL).

Under the Texas Payday Law (Labor Code Chapter 61), employees must be paid on scheduled paydays. Final wages, including accrued vacation if company policy requires payout, are due six calendar days after discharge.

3. Leave, Benefits, and Accommodations

• Family and Medical Leave Act (FMLA): Up to 12 weeks of unpaid, job-protected leave for eligible employees of covered employers.
• Pregnancy and ADA Accommodations: Employers with 15+ workers must provide reasonable accommodations for pregnancy-related limitations and qualifying disabilities unless doing so causes undue hardship.
• Military Leave: The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ reemployment rights.

Common Employment Law Violations in Texas

1. Discrimination and Harassment

Houston’s diverse workforce still faces unlawful bias. Common examples include:

• Racial Slurs or Segregation: Prohibited under Title VII and TCHRA.
• Sexual Harassment: Unwelcome conduct of a sexual nature that is severe or pervasive enough to create a hostile work environment. The U.S. Supreme Court’s Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton standards apply.
• Disability Discrimination: Failure to provide reasonable accommodation or medical leave under the ADA.
• Age Discrimination: Adverse actions against employees age 40 or older because of age, violating the ADEA.

2. Wage Theft and Misclassification

Oilfield, construction, and gig-economy employers may misclassify workers as independent contractors to avoid overtime. Courts examine the “economic realities” of the working relationship. Likewise, service-industry employees sometimes see tips unlawfully credited against the minimum wage when tip-pooling rules are ignored.

3. Retaliation

Retaliation is the most frequently filed charge with the Equal Employment Opportunity Commission (EEOC). Employers cannot punish employees for filing complaints, participating in investigations, or opposing discriminatory practices.

4. Wrongful Termination

Because Texas is at will, a discharge becomes “wrongful” only if it violates a statute, public policy, contract, or one of the exceptions described earlier. Typical claims include termination for filing a workers’ compensation claim (Labor Code §451.001) or for blowing the whistle on Medicare fraud at a Houston hospital.

Texas Legal Protections & Employment Laws

1. Key Texas Statutes and Federal Laws

• Texas Labor Code Chapter 21 (TCHRA): Mirrors Title VII, ADA, and ADEA. Covers employers with ≥15 employees.
• Texas Labor Code Chapter 61 (Texas Payday Law): Governs wage payments.
• Texas Labor Code Chapter 62: Adopts the federal minimum wage.
• Texas Labor Code §451: Prohibits retaliation for workers’ compensation claims. Sabine Pilot Exception: Common-law claim for employees fired for refusing to perform illegal acts. See Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).

2. Statutes of Limitations

• EEOC/TWC Discrimination Charge: 300 days from the unlawful act to file with the EEOC; 180 days to file with the Texas Workforce Commission Civil Rights Division (Labor Code §21.202).
• Civil Lawsuit under TCHRA: Must be filed within 60 days after receiving a right-to-sue letter and no later than two years after filing the administrative complaint (Labor Code §21.256).
• FLSA Wage Claims: 2 years (3 years for willful violations) (29 U.S.C. §255).
• Texas Payday Wage Claim: 180 days from the date wages were due (Labor Code §61.051).
• Workers’ Compensation Retaliation: Two years from termination (Tex. Civ. Prac. & Rem. Code §16.003).

3. Enforcement Agencies

The following agencies investigate and enforce employment laws impacting Houston workers:

EEOC Houston District Office – handles federal discrimination, harassment, and retaliation.Texas Workforce Commission (TWC) – processes unemployment, wage, and state discrimination claims.U.S. Department of Labor Wage & Hour Division – enforces FLSA and FMLA.Texas Statutes Online – official source for Texas Labor Code provisions.

Steps to Take After Workplace Violations

1. Preserve Evidence

Immediately document incidents: save emails, text messages, timesheets, and performance reviews. Under Federal Rule of Evidence 803(6), contemporaneous business records are often admissible in court.

2. Follow Internal Complaint Procedures

Most Houston employers—particularly large companies like ExxonMobil, H-E-B, or Memorial Hermann—maintain anti-harassment policies. Report misconduct in writing to HR or a designated manager. Failure to follow internal procedures can limit damages under the Ellerth/Faragher affirmative defense in harassment cases.

3. File Timely Administrative Charges

• Discrimination: File a charge with either the EEOC or TWC Civil Rights Division. Dual-filed charges satisfy both agencies. • Wages: Submit a Texas Payday Law claim to the TWC Wage and Hour Department or a federal complaint to the DOL.

4. Seek Medical or Counseling Support

If harassment or retaliation causes stress or depression, seeing a healthcare professional creates a medical record that may support compensatory damages.

5. Consult an Employment Lawyer

A seasoned employment lawyer in Houston, Texas can assess deadlines, preserve claims, and negotiate severance. Attorneys licensed by the State Bar of Texas must complete 15 hours of continuing legal education each year, ensuring up-to-date knowledge of evolving employment jurisprudence.

When to Seek Legal Help in Texas

Contact counsel as soon as you suspect an unlawful practice for three reasons:

• Short Deadlines: The 180- or 300-day window for discrimination claims passes quickly.
• Evidence Preservation: Employers may delete emails or camera footage under routine retention policies.
• Retaliation Protection: Once you hire counsel or file a charge, the employer is on notice, and further retaliation compounds liability.

Even if you received a termination notice or a proposed Performance Improvement Plan (PIP), an attorney may negotiate severance, secure references, or file suit in state or federal court (Southern District of Texas).

Local Resources & Next Steps

1. Workforce Solutions – Gulf Coast

This regional board partners with the TWC to provide job search, training grants, and layoff aversion services. Major career centers are located at 3355 Greenspoint Dr. and 445 N. Loop W.

2. Houston Office of the EEOC

1919 Smith Street, 6th Floor, Houston, TX 77002. Schedule appointments online to avoid wait times.

3. University of Houston Law Center Clinics

Low-income employees may qualify for free legal assistance through the Civil Practice Clinic.

4. Federal and State Courts

Employment cases in Harris County may be filed in the 125th, 127th, 151st, or other civil district courts, or removed to the U.S. District Court, Southern District of Texas (515 Rusk St.). All civil filings must follow Texas Rules of Civil Procedure or the Federal Rules of Civil Procedure, respectively.

5. Industry-Specific Considerations

• Oil & Gas: Rig and refinery workers often work 12-hour shifts; overtime exemptions must pass the DOL’s highly compensated employee test.
• Healthcare: Nurses may qualify for special overtime averaging under the FLSA’s §7(j) work periods but only if the employer meets strict conditions.
• Tech Start-Ups: Equity compensation does not eliminate minimum-wage obligations.

Legal Disclaimer

This article is for informational purposes only and does not create an attorney–client relationship. Laws change frequently. Always consult a licensed Texas employment attorney regarding your specific 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.