Employment Law Guide for Workers in Waco, Texas

Introduction: Why Waco Workers Need a Local Employment Law Guide

Waco’s workforce spans Baylor University, healthcare systems like Ascension Providence, industrial employers servicing the I-35 freight corridor, and a growing technology start-up scene clustered near downtown. Whether you clock in at a manufacturing plant near the Brazos River, manage a retail shop in Richland Mall, or work remotely for an Austin tech firm while living in McLennan County, you are still protected by both Texas employment law and key federal statutes. Yet many employees do not realize that missing a filing deadline by even one day can extinguish valid claims for discrimination, unpaid wages, or retaliation. This comprehensive guide—written with a slight tilt toward protecting employees—explains your rights, the most common violations seen in Waco, and the practical steps you can take to protect yourself and your livelihood.

1. Understanding Your Employment Rights in Texas

1.1 Texas Is an At-Will State—But Not Without Exceptions

Like most states, Texas follows the at-will employment doctrine, meaning an employer may terminate an employee for any reason, or no reason at all, so long as the reason is not illegal. Illegal reasons include discrimination on protected characteristics, retaliation for engaging in protected activity, or termination that violates an express employment contract or specific statute. Texas recognizes a narrow common-law exception under Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), which protects employees who are fired for refusing to perform an illegal act.

1.2 Federal and State Anti-Discrimination Statutes

Your primary protections come from two layers of law:

• 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), and national origin.

• Texas Labor Code Chapter 21—also called the Texas Commission on Human Rights Act (TCHRA)—mirrors Title VII protections and adds state remedies. Claims must first be filed with the Texas Workforce Commission Civil Rights Division (TWC-CRD).

• Age Discrimination in Employment Act (ADEA)—protects workers 40 and older.

• Americans with Disabilities Act (ADA) and Texas Labor Code §§ 21.001–.556—protect qualified individuals with disabilities.

• Fair Labor Standards Act (FLSA)—sets federal minimum wage ($7.25/hour), overtime at 1.5× after 40 hours, and child labor restrictions.

1.3 Wages, Overtime, and Pay Transparency

Texas has adopted the federal minimum wage by reference. Under the FLSA, non-exempt employees working more than 40 hours in a workweek must receive overtime pay. Employers who misclassify employees as independent contractors or exempt managers can be liable for back pay, liquidated damages, and attorney’s fees. The statute of limitations is two years, extended to three for willful violations under 29 U.S.C. § 255.

1.4 Protected Leave

The Family and Medical Leave Act (FMLA) grants up to 12 weeks unpaid, job-protected leave for certain medical and family reasons if you work for an employer with 50 or more employees within 75 miles and have 1,250 hours of service in the past year. Texas workers may also use accrued paid sick leave or PTO under employer policy. Waco city ordinances currently do not mandate additional paid leave.

2. Common Employment Law Violations in Texas

2.1 Discrimination and Harassment

The EEOC’s Dallas District, which covers Waco, consistently ranks disability discrimination and sexual harassment among its top charge categories. In Equal Employment Opportunity Comm'n v. AutoZone, Inc., No. 6:20-cv-00269 (W.D. Tex. 2020), the Waco Division approved a consent decree exceeding $400,000 in damages for a local employee who alleged pregnancy discrimination. The case illustrates how federal law and Texas statutes align to protect workers.

2.2 Retaliation

Retaliation occurs when an employer takes adverse action (termination, demotion, reduced hours) because you engaged in protected activity—filing an EEOC charge, reporting unsafe work conditions, requesting ADA accommodations, or discussing wages with coworkers. Retaliation is now the single most frequent claim nationally, comprising nearly 56% of EEOC filings in 2022.

2.3 Wage Theft and Misclassification

Construction sites along the I-35 corridor and the booming logistics sector near Waco Regional Airport often rely on contract labor. Some employers misclassify workers to avoid overtime and payroll taxes. Under the FLSA and Texas Labor Code §§ 61.051–.064, employees can recover unpaid wages plus an equal amount as liquidated damages.

2.4 Wrongful Termination Under Sabine Pilot

Although Texas lacks a broad public policy exception, Sabine Pilot creates a cause of action when an employee is fired solely for refusing to commit an illegal act. The limitations period is two years under Tex. Civ. Prac. & Rem. Code § 16.003.

3. Texas Legal Protections & Employment Laws

3.1 Key Statutes Employees Should Know

• Texas Labor Code Chapter 21: Discrimination and retaliation protections; 180-day deadline to file with TWC-CRD.

• Fair Labor Standards Act (29 U.S.C. § 201 et seq.): Minimum wage, overtime, and child labor standards; two-year (general) or three-year (willful) limitations period.

• Occupational Safety and Health Act (OSHA): Employees may file safety complaints and are protected from retaliation.

• Uniformed Services Employment and Reemployment Rights Act (USERRA): Job protections for military members.

3.2 Filing Deadlines: Do Not Miss These Windows

Claim TypeWhere to File FirstDeadline Discrimination (Title VII, ADA, ADEA)EEOC or TWC-CRD (dual filing)300 days (EEOC); 180 days TWC-CRD Texas Wage Claim (wages ≤180 days old)TWC Wage Claim Division180 days from date wages originally due FLSA private actionFederal Court2 yrs (3 yrs willful) Sabine Pilot wrongful terminationState Court2 yrs Workers’ Comp Retaliation (Tex. Lab. Code § 451)State Court2 yrs

3.3 Complaint Procedures with TWC and EEOC

• Submit Intake Questionnaire: File online, by mail, or in person. Central Texas employees may visit EEOC’s San Antonio Field Office, 5410 Fredericksburg Rd., but telephone interviews are common.

• Dual Filing: The EEOC automatically cross-files with TWC-CRD if you indicate Texas jurisdiction.

• Mediation and Investigation: Either agency may offer mediation. Investigations can last 6–10 months. Preserve evidence during this time.

• Right-to-Sue Notice: After the agency concludes its process or 180 days pass, you may request this notice and file suit in federal or state court within 90 days.

3.4 Employer Size Thresholds

Discrimination laws apply only if your employer meets minimum employee counts:

• Title VII & TCHRA: 15 or more employees.

• ADA: 15 or more employees.

• ADEA: 20 or more employees.

• FMLA: 50 or more employees within 75-mile radius.

4. Steps to Take After Workplace Violations

4.1 Document Everything

Create a contemporaneous record: dates, times, witnesses, copies of emails, pay stubs, disciplinary memos, and screenshots of harassing messages. Texas is a one-party consent state for recording conversations, but check your employer’s policies on devices.

4.2 Follow Internal Complaint Procedures

Submit written complaints to HR or management according to your employee handbook. Under Faragher-Ellerth defenses, employers can avoid liability if they did not know of harassment, so reporting bolsters your legal position.

4.3 File Timely Charges or Claims

Mark deadlines on your calendar: 180 days to file state discrimination claims, 300 days for federal, 180 days for TWC wage claims, and two years for Sabine Pilot or FLSA lawsuits. If uncertain, consult a licensed Texas employment lawyer immediately.

4.4 Mitigate Damages

The law expects you to seek comparable employment after termination. Keep job search records—applications, rejection emails, and networking efforts—to preserve back-pay remedies.

4.5 Protect Digital Evidence

Back up emails and text messages to a personal device or cloud account before losing employer access. Do not violate confidentiality agreements or download proprietary data.

5. When to Seek Legal Help in Texas

5.1 Evaluating Your Case

Texas attorneys must be licensed by the State Bar of Texas. Many employment lawyers—particularly in Austin, Dallas, and Waco—offer free consultations and contingency fee arrangements. Board Certification in Labor and Employment Law, administered by the Texas Board of Legal Specialization, signals specialized expertise.

5.2 Costs and Fee-Shifting

Title VII, ADA, ADEA, and FLSA all allow fee-shifting, meaning the court may order the employer to pay your reasonable attorney’s fees if you prevail. In wage cases, FLSA requires fee awards.

5.3 Choosing a Local Advocate

Waco is within the U.S. District Court for the Western District of Texas, Waco Division. Hiring counsel familiar with Judge Alan D. Albright’s local rules and McLennan County juries can streamline your case.

6. Local Resources & Next Steps

• TWC Workforce Solutions for the Heart of Texas: 1416 S. New Road, Waco, TX 76711—job search and re-training after termination.

TWC Civil Rights Division: File discrimination charges online or visit Austin HQ. For instructions see TWC Civil Rights Guidance. EEOC San Antonio Field Office: Charge filing for Central Texas. Details at EEOC official site. U.S. Department of Labor Wage and Hour Division: Overtime and minimum wage complaints—see DOL WHD Resources.

• Baylor Law School Legal Clinics: May offer limited pro bono employment representation for low-income Waco residents.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and each case is fact-specific. Always consult a licensed Texas employment attorney regarding 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.