Employment Law Guide for Workers in 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 that includes defense, healthcare, technology, and tourism. Whether you work at Joint Base San Antonio, in a River Walk restaurant, or at a growing cybersecurity start-up in Port San Antonio, you are protected by federal statutes such as the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act, as well as state laws found in Chapters 21 and 61 of the Texas Labor Code. Understanding these rights is critical because Texas is an at-will employment state—meaning employers may terminate employees for almost any reason, or no reason at all, unless that reason violates a specific law or contract. This comprehensive guide favors the employee perspective while remaining strictly factual and rooted in authoritative sources.

Understanding Your Employment Rights in Texas

1. At-Will Employment and Its Exceptions

Texas Labor Code § 7.001 codifies the state’s at-will doctrine. However, exceptions limit an employer’s discretion:

• Discrimination: Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21) prohibit adverse actions based on protected characteristics.

• Retaliation: Both federal and Texas statutes forbid retaliation for protected activities such as filing a safety complaint or requesting overtime pay.

• Public-Policy Exception: Texas courts recognize wrongful termination claims when firing an employee for refusing an illegal act. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).

• Contractual Employment: Written employment contracts, collective bargaining agreements, or employee handbooks with specific termination procedures can override at-will status.

2. Wage and Hour Protections

The FLSA sets federal minimum wage and overtime standards, while the Texas Payday Law (Texas Labor Code Chapter 61) ensures timely payment of earned wages. Non-exempt employees must receive overtime at 1.5 times their regular rate for hours worked over 40 in a workweek.

3. Leave and Accommodation Rights

• Family and Medical Leave Act (FMLA): Up to 12 unpaid, job-protected weeks for eligible employees.

• ADA Reasonable Accommodation: Employers with 15+ employees must accommodate qualified workers with disabilities unless it causes undue hardship.

• Military Leave: The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to many in San Antonio’s large military community.

Common Employment Law Violations in Texas

1. Misclassification of Employees

Labeling workers as independent contractors to avoid overtime or benefits violates the FLSA and can lead to back-pay liability. Tech and construction sectors in San Antonio have faced federal audits for this practice.

2. Unpaid Overtime and Minimum Wage

Violations often occur in restaurants and hospitality—key industries along the River Walk—when employers rely on tip credit but fail to meet the federal $7.25/hour minimum once tips are counted.

3. Discrimination and Harassment

Texas Workforce Commission Civil Rights Division (TWC-CRD) 2022 data show race and sex discrimination were the two most common categories of charges filed by Bexar County workers. Harassment becomes unlawful when it is pervasive or severe enough to create a hostile work environment.

4. Retaliation Against Whistleblowers

Retaliating for protected activities—like reporting OSHA safety violations at local manufacturing plants—can lead to reinstatement orders and monetary damages.

Texas Legal Protections & Employment Laws

1. Key Statutes

• Texas Labor Code Chapter 21: Mirrors Title VII protections and provides a state forum for discrimination claims.

• Texas Labor Code Chapter 61 (Payday Law): Governs wage payment timing and enables employees to file administrative wage claims with the TWC.

• Fair Labor Standards Act (29 U.S.C. § 201 et seq.): Federal wage and hour law.

• Title VII of the Civil Rights Act (42 U.S.C. § 2000e et seq.): Prohibits employment discrimination based on race, color, religion, sex, or national origin.

2. Statutes of Limitations

• Discrimination (EEOC/TWC): Charge must be filed within 300 days of the unlawful act because Texas is a deferral state (42 U.S.C. § 2000e-5(e)(1)).

• Texas Payday Law: Wage claim with the TWC must be filed within 180 days of when wages were due (Texas Labor Code § 61.051).

• FLSA: Two years for ordinary violations, three years if willful (29 U.S.C. § 255).

• Sabine Pilot Wrongful Termination: Two years (Tex. Civ. Prac. & Rem. Code § 16.003).

3. Remedies Available

• Back Pay & Front Pay: To compensate lost wages.

• Compensatory & Punitive Damages: Allowed under Title VII and Chapter 21 for intentional discrimination (caps depend on employer size).

• Liquidated Damages: Up to double unpaid wages under the FLSA for willful violations.

• Reinstatement and Injunctive Relief: Courts may order reinstatement or policy changes.

• Attorney’s Fees & Costs: Prevailing employees are often entitled to reasonable fees.

Steps to Take After Workplace Violations

1. Document Everything

Maintain written records—including emails, timesheets, performance reviews, and witness statements. In Texas, one-party consent means you may record conversations if you are a participant (Texas Penal Code § 16.02), but always confirm legality.

2. Follow Internal Policies

Many San Antonio employers, like Christus Santa Rosa Health System and USAA, require using internal complaint systems first. Adhering to policy can preserve your legal rights and demonstrate good faith.

3. File an Administrative Charge or Claim

• Discrimination or Retaliation: File with either the EEOC or TWC-CRD within 300 days. They operate a work-sharing agreement, so one filing covers both agencies.

• Wage Claims: Submit a wage claim form to the TWC within 180 days or consult counsel to file directly in federal court under the FLSA.

4. Observe Deadlines for Lawsuits

After receiving a Notice of Right to Sue from the EEOC or TWC-CRD, employees generally have 90 days to file suit in federal or state court.

5. Consider Mediation

Bexar County District Courts and the Western District of Texas (San Antonio Division) encourage alternative dispute resolution. The EEOC also offers no-cost mediation.

When to Seek Legal Help in Texas

1. Complexity of Employment Statutes

Statutory caps, administrative prerequisites, and overlapping jurisdictions can be challenging without counsel. For instance, an employee pursuing pregnancy discrimination must navigate both Title VII and the Pregnant Workers Fairness Act (effective June 2023).

2. Potential Employer Defenses

• Faragher-Ellerth defense in harassment claims if the employer exercised reasonable care and the employee failed to use preventive measures.

• Exempt Status Arguments: Employers often assert administrative or professional exemptions to avoid overtime liability.

3. Selecting an Attorney

Texas lawyers must be licensed by the State Bar of Texas. Verify disciplinary history and confirm the attorney’s focus on plaintiff-side employment law. Many offer contingency-fee arrangements, meaning you pay nothing unless you recover.

Local Resources & Next Steps

Texas Workforce Commission – Jobseekers & Employees (file wage claims, find workforce centers on N St. Mary’s St.) EEOC – How to File a Charge (San Antonio Field Office on NE Loop 410) Texas Labor Code Chapter 21 U.S. Department of Labor – FLSA Overview

Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Employment laws change, and each case is unique. Consult a licensed Texas employment attorney for guidance.

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.