Houston Guide to Texas Employment Law Rights

Estimated reading time: 12 min read

Introduction: Why Houston Employees Need to Know Their Rights

Home to more than seven million residents, Houston boasts the nation’s fourth-largest labor market and an incredibly diverse workforce. Where there is rapid growth, however, there are also workplace conflicts—wrongful terminations after refinery accidents, unpaid overtime in the booming logistics sector, or discrimination inside world-class hospitals. Texas follows an “at-will” employment doctrine, meaning employers can generally end the employment relationship for any legal reason or no reason at all. Yet “at-will” does not give companies a free pass to violate anti-discrimination statutes, ignore wage laws, or retaliate against whistleblowers. Knowing your rights under Texas and federal law empowers you to act quickly, preserve evidence, and—when necessary—work with an experienced Texas employment attorney.

This comprehensive guide focuses on Houston employees and covers common disputes, key statutes, filing deadlines, and step-by-step actions you can take today. If you believe your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

1. At-Will Employment—With Important Exceptions

Texas is an at-will state under Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985). Your employer may terminate you for any lawful reason—unless the discharge violates:

• State or federal anti-discrimination laws (e.g., Title VII, ADA, ADEA).

• Public-policy exceptions (e.g., refusing to perform an illegal act).

• Written employment contracts or collective bargaining agreements.

• Retaliation provisions protecting whistleblowers under Texas Labor Code §21.055 or federal laws such as OSHA and the False Claims Act.

2. Protected Classes

Chapter 21 of the Texas Labor Code mirrors Title VII, protecting employees from discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40+), and genetic information.

3. Wage & Hour Rules

The federal Fair Labor Standards Act (FLSA) sets the current minimum wage at $7.25 per hour and mandates overtime pay (time-and-a-half) for non-exempt employees working over 40 hours in a workweek. Texas has adopted the same minimum wage; local governments cannot raise it. Common violations include misclassification of employees as independent contractors or paying “straight time” for overtime.

4. Federal Protections that Supplement Texas Law

• Family and Medical Leave Act (FMLA)—Up to 12 weeks of unpaid, job-protected leave.

• Occupational Safety and Health Act (OSHA)—Right to a safe workplace.

• Uniformed Services Employment and Reemployment Rights Act (USERRA)—Protects service members from discrimination.

Common Employment Disputes in Houston, Texas

1. Wrongful Termination

A termination is “wrongful” if it violates contract terms, anti-discrimination statutes, or public policy. Example: A chemical plant worker fired after reporting an environmental violation to the Texas Commission on Environmental Quality (TCEQ). Such retaliation may breach both federal whistleblower laws and Texas Labor Code §451.001.

2. Wage & Hour Violations

Houston’s global logistics hub often relies on “1099” drivers. If the company controls your route, schedule, and equipment, you may be misclassified, entitling you to overtime, back pay, and liquidated damages under the FLSA.

3. Workplace Discrimination & Harassment

Discrimination can be overt—a supervisor denies promotions to older workers—or subtle, such as assigning minority employees undesirable shifts. Sexual harassment (quid pro quo or hostile work environment) is prohibited by both Title VII and Chapter 21. Employers have a duty to prevent and promptly correct harassment once they know or should know about it.

4. Retaliation

Retaliation complaints constitute nearly half of all EEOC charges filed in Texas. Protected activities include filing an internal complaint, participating in an investigation, requesting disability accommodation, or taking FMLA leave.

5. Denial of Reasonable Accommodation

The Americans with Disabilities Act requires employers to provide reasonable accommodations unless it causes undue hardship. Common issues: refusal to allow modified schedules or ergonomic equipment.

Texas Legal Protections & Regulations

1. Texas Labor Code Highlights

• Chapter 21—Prohibits workplace discrimination and retaliation.

• Chapter 61—Texas Payday Law (unpaid final wages).

• Chapter 62—Texas Minimum Wage Act.

• Chapter 451—Protects employees who file workers’ compensation claims.

Read the statutes in full at the Texas Labor Code online.

2. Regulatory Agencies

Texas Workforce Commission (TWC)—Enforces state wage laws and investigates discrimination charges jointly with the EEOC under a work-sharing agreement. (Texas Workforce Commission) Equal Employment Opportunity Commission (EEOC)—Federal agency handling Title VII, ADA, ADEA, and Equal Pay Act claims. Houston District Office is located downtown. (EEOC Houston Office)

• U.S. Department of Labor (DOL)—Wage and Hour Division investigates FLSA and FMLA violations.

3. Strict Filing Deadlines (Statutes of Limitations)

• Discrimination/Harassment (EEOC/TWC)—300 days from the adverse action (180 days if you bypass the TWC work-sharing process).

• Equal Pay Act—2 years (3 for willful violations).

• FLSA Overtime/Minimum Wage—2 years (3 for willful).

• Texas Payday Law—180 days from the date the wages were due.

• Workers’ Compensation Retaliation—2 years from termination.

Missing a deadline can permanently bar your claim, so act promptly.

Steps to Take After an Employment Dispute

Document Everything

• Save emails, texts, performance reviews, and time records.

• Write a contemporaneous memo after verbal incidents.

• Preserve pay stubs and schedules that prove hours worked.

Follow Internal Procedures

• Use your company’s grievance or open-door policy.

• Submit a written complaint to HR detailing the conduct and requesting corrective action.

• Keep copies; if you email HR, cc your personal address.

• File an External Charge if Needed If the issue is discrimination, retaliation, or harassment, file a charge with the TWC Civil Rights Division or EEOC. Houston employees may dual-file to preserve both state and federal remedies.

• Calculate and Meet Deadlines Mark your calendar 150 and 275 days after the adverse action to ensure you file before 180 or 300-day cutoffs.

• Gather Witnesses List co-workers who saw the events or can confirm company practices (e.g., unpaid pre-shift meetings).

• Do Not Retaliate Responding in anger—deleting files, badmouthing the company—can jeopardize your claim and give the employer “misconduct” ammunition.

• Consult a Texas Employment Attorney Early An attorney can evaluate claims, calculate damages, draft demand letters, and negotiate severance packages.

When to Seek Legal Help in Texas

While many disputes begin with an HR complaint, certain circumstances demand immediate legal counsel:

• A fast-approaching statute of limitations.

• Systemic discrimination affecting multiple employees (potential class action).

• Complex wage audits involving hundreds of unpaid overtime hours.

• Employer threatens countersuits or non-compete enforcement.

• You are asked to sign a release, severance agreement, or arbitration clause.

Texas attorneys must be licensed by the State Bar of Texas and should ideally focus on labor and employment law. Look for peer reviews, trial experience, and a willingness to litigate in both state and federal court.

How Louis Law Group Can Help

Our Houston-based team understands the nuances of Texas workplace laws, from TWC wage claims to federal court litigation in the Southern District of Texas. We balance aggressive advocacy with practical negotiation to maximize back pay, front pay, emotional-distress damages, and attorney’s fees where available.

If you believe your workplace rights have been violated, call 833-657-4812 for a free, confidential case evaluation.

Local Resources & Next Steps

• Texas Workforce Commission (TWC)—File wage claims and discrimination charges; request claim forms online or visit the local Workforce Solutions center.

• EEOC Houston District Office—1919 Smith Street, Suite 600; offers walk-in intake and virtual interviews.

Houston Volunteer Lawyers—Pro bono referrals for qualifying low-income workers. (Houston Volunteer Lawyers)

• Houston Bar Association Lawyer Referral Service—Helps locate private counsel if you don’t know where to begin.

• U.S. Department of Labor, Wage & Hour Division—Houston District—Investigates FLSA and FMLA claims.

Next Steps Checklist

• Record all incidents and gather documents.

• Make an internal HR complaint in writing.

• Mark statutory deadlines on your calendar.

• File with TWC or EEOC if the issue persists.

• Consult an attorney before signing any employer paperwork.

• Contact Louis Law Group at 833-657-4812 for a free evaluation.

Legal Disclaimer

This guide provides general information and is not legal advice. Laws and procedures change, and the application of law can vary based on specific facts. You should consult a qualified Texas employment attorney to obtain advice about your particular situation. Reading this material does not create an attorney-client relationship with Louis Law Group or any author.

Ready to take action? Houston employees can call 833-657-4812 now for a free case evaluation and policy review with Louis Law Group.