Guide to Texas Employment Law in El Paso – Know Your Rights

12 min read

Introduction: Why El Paso Employees Need to Know Their Rights

El Paso’s economy is powered by Fort Bliss, international trade, health care, and an ever-growing service sector. Whether you work on the assembly line in the Lower Valley, as a nurse in the Medical Center of the Americas, or in a call center on the West Side, you deserve a fair, lawful, and respectful workplace. Yet wage theft, discriminatory firings, and retaliation for speaking up still occur in the Sun City. Understanding Texas employment law is the first—and most powerful—step toward protecting yourself. This comprehensive guide explains how state and federal protections apply in El Paso, details key filing deadlines, and provides an action plan if your employer crosses the line.

Common Disputes We Cover

• Wrongful termination and at-will exceptions

• Unpaid overtime and minimum-wage violations

• Discrimination based on race, sex, national origin, age, disability, or military status

• Harassment and hostile-work environment claims

• Retaliation for whistleblowing, filing workers’ compensation, or taking protected leave

If any of these sound familiar, read on. Knowledge of the law—and of the local resources available in El Paso—can make all the difference.

Understanding Your Employment Rights in Texas

1. At-Will Employment—But Not without Limits

Texas is an at-will state, meaning your employer can end the relationship for any lawful reason, or no reason at all. However, terminations rooted in discrimination, retaliation, or violation of a written contract are illegal. Courts have carved out further exceptions, such as the Sabine Pilot doctrine, which protects employees fired solely for refusing to perform an illegal act.

2. Protected Classes under State and Federal Law

The Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act shield workers from discrimination based on race, color, sex (including pregnancy, sexual orientation, and gender identity), religion, national origin, disability, age (40+), and genetic information. Additional protections apply to military service members under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

3. Wage and Hour Basics

The federal Fair Labor Standards Act (FLSA) sets a minimum wage of $7.25/hour and requires overtime (1.5×) after 40 hours per week for non-exempt employees. Texas has not adopted a higher state minimum, but local El Paso employers with federal contracts must sometimes pay a higher rate. The FLSA allows a two-year statute of limitations (three if the violation is “willful”).

4. Workplace Safety and Leave

• OSHA: Guarantees a safe working environment and protects employees who report hazards.

• FMLA: Up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons.

Texas Payday Law: Administered by the Texas Workforce Commission, this law allows workers to recover unpaid wages, bonuses, and commissions.

Common Employment Disputes in El Paso

Wrongful Termination

Although at-will, firing someone for discriminatory or retaliatory reasons violates both state and federal law. Example: A technician at the maquiladora port facility is dismissed two weeks after reporting safety violations—potentially a Sabine Pilot or OSHA retaliation claim.

Retaliation for Whistleblowing

Texas Labor Code §451.001 protects workers who file workers’ compensation claims, while the Texas Whistleblower Act covers state and local government employees who report illegal conduct. Private-sector whistleblowers may rely on OSHA, Sarbanes-Oxley, or industry-specific statutes.

Denial of Overtime Pay

Service industry positions are common in El Paso, and misclassification as “exempt” is rampant. If you are paid a salary but spend most of the day answering customer calls without managerial authority, you may still be owed overtime.

Discrimination and Harassment

Bilingual or Spanish-speaking employees sometimes face national origin discrimination. Unwanted comments about accent or stereotypes tied to the city’s border culture can constitute a hostile work environment if severe or pervasive.

Texas Legal Protections & Regulations

Statutes and Authorities

Texas Labor Code Chapter 21 – Mirrors many federal anti-discrimination protections and is enforced by the Civil Rights Division of the Texas Workforce Commission (TWC). FLSA – Enforced by the U.S. Department of Labor’s Wage and Hour Division (Fair Labor Standards Act (FLSA)).

• Title VII, ADA, ADEA – Enforced by the Equal Employment Opportunity Commission (EEOC).

Key Filing Deadlines

Claim TypeAgency/Lawsuit Deadline Discrimination (State)180 days to file with TWC Civil Rights Division Discrimination (Federal)300 days to file with EEOC (dual filing automatically covers TWC) FLSA Overtime/Minimum Wage2 years (3 if willful) to file in federal or state court Workers’ Comp Retaliation2 years to sue in Texas district court Texas Whistleblower Act (public)90 days after employer’s final act to file suit

Texas Workforce Commission Process

• Submit a complaint online, by mail, or in person at the TWC El Paso Workforce Solutions office.

• The TWC investigates and attempts conciliation.

• If unresolved, you may request a “Notice of Right to Sue” and file in civil court.

Parallel filing with the EEOC preserves federal claims and often gives you up to 300 days instead of 180.

Steps to Take After an Employment Dispute

1. Document Everything

• Save emails, texts, performance reviews, pay stubs, and schedules.

• Write a contemporaneous diary noting dates, witnesses, and comments.

2. Follow Internal Policies

Review your employee handbook. Many El Paso companies require reporting discrimination or wage disputes to HR first. Doing so strengthens your retaliation claim if the company later punishes you.

3. File Timely Complaints

• Wage Claims: File a Texas Payday Law claim with the TWC within 180 days of the date the wages were originally due.

Discrimination: File with the EEOC El Paso Area Office (EEOC El Paso Area Office).

• Safety Complaints: File an OSHA complaint within 30 days of retaliation.

4. Preserve Electronic Evidence

Before leaving the workplace, forward personal copies of performance appraisals and pay records to your private email. Avoid taking proprietary or customer data—doing so can hurt your case.

5. Keep Your Job Search Records

If you sue for lost wages, Texas courts require proof you tried to mitigate damages. Save job applications, rejection emails, and interview dates.

When to Seek Legal Help in Texas

While you can self-file many claims, legal counsel often increases settlement value and ensures deadlines are met. Consider calling an attorney when:

• Your complaint involves complex laws (e.g., FMLA interference plus ADA failure to accommodate).

• The employer has legal representation or threatens countersuit.

• You are asked to sign a severance, arbitration, or non-disclosure agreement.

• You face immigration-related threats—an illegal but common form of coercion along the border.

Louis Law Group’s employment team is licensed by the State Bar of Texas and admitted in the U.S. District Court for the Western District of Texas (covering El Paso). We handle contingency and hybrid fee arrangements so you can focus on your next career step rather than legal bills.

Local Resources & Next Steps

Government Agencies

Texas Workforce Commission – Wage claims and state discrimination charges EEOC El Paso Area Office – Federal discrimination charges

• U.S. Department of Labor Wage and Hour Division – San Antonio District (covers El Paso)

Professional and Non-Profit Help

El Paso Bar Association – Lawyer referral service

• Las Americas Immigrant Advocacy Center – For cross-border workers facing immigration-related retaliation

• Texas RioGrande Legal Aid – Free or low-cost representation for qualifying individuals

Take Action Today

If you believe your workplace rights have been violated, do not wait. Deadlines run quickly, evidence can be lost, and employers often build a defense while you are deciding what to do.

Call Louis Law Group at 833-657-4812 for a free case evaluation and policy review. Our attorneys will analyze your claim, outline strategic options, and help you pursue the compensation and justice you deserve.

Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Employment laws change regularly, and the outcome of any case depends on its specific facts. Always consult a licensed Texas employment attorney about your particular situation.