Houston Guide to Texas Employment Law & Worker Rights

12 min read

Introduction: Why Houston Employees Need to Know Their Rights

Houston is home to more than 3 million workers across energy, healthcare, logistics, and an ever-growing tech sector. While the city’s diverse job market creates opportunity, it also generates thousands of workplace disputes each year—from unpaid overtime in the oil field to race-based discrimination in corporate offices. Understanding Texas employment law houston protections can make the difference between promptly securing your unpaid wages and missing a critical filing deadline. This guide—written from a slightly employee-centered perspective—explains the laws, timelines, and practical steps every Houston worker should know when facing wrongful termination, wage theft, harassment, or retaliation.

Common Houston Workplace Disputes

• Wrongful termination for refusing illegal orders or reporting fraud.

• Unpaid overtime and minimum wage violations under the Fair Labor Standards Act (FLSA).

• Discrimination based on race, gender, national origin, disability, age, pregnancy, or religion.

• Retaliation against whistleblowers and employees asserting legal rights.

• Hostile work environment and sexual harassment.

Below you will find actionable, step-by-step information—including filing deadlines, specific Texas statutes, and local resources—to help protect houston employee rights.

Understanding Your Employment Rights in Texas

1. At-Will Employment—But With Limits

Texas is an at-will state, meaning employers can generally terminate employees for any reason—or no reason—unless the reason violates statutory or constitutional protections. For example, firing someone because they filed a workers’ compensation claim or complained of unpaid wages violates public policy.

2. Protected Classes Under Federal and State Law

Both Title VII of the Civil Rights Act and Chapter 21 of the Texas Labor Code prohibit discrimination based on:

• Race or color

• National origin

• Sex (including pregnancy, sexual orientation, and gender identity)

• Religion

• Disability

• Age (40 or older)

Notably, Chapter 21 incorporates many federal protections but sets its own 180-day filing deadline (discussed later).

3. Wage and Hour Rights

The Fair Labor Standards Act (FLSA) guarantees:

• Federal minimum wage—$7.25/hour.

• Time-and-a-half overtime pay for hours worked beyond 40 in a workweek, unless exempt.

Texas has not adopted a separate state minimum wage, so the federal rate applies. However, municipalities such as Houston may set living wage standards for city contractors.

4. Additional Federal Statutes

• Family and Medical Leave Act (FMLA)—unpaid leave for serious health conditions (50-employee coverage threshold).

• ADA—reasonable accommodations for qualified employees with disabilities.

• Sarbanes-Oxley & Dodd-Frank—protections for certain whistleblowers.

Common Employment Disputes in Texas

Wrongful Termination

Because Texas follows at-will rules, “wrongful termination” claims succeed only when the employer’s motive breaches a statute or clear public policy. Examples include firing employees for:

• Reporting wage theft (retaliation under FLSA).

• Refusing to commit an illegal act (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Taking protected medical leave under FMLA.

Statute of limitations: Typically 2 years from discharge for common-law claims; 180 days for discrimination-based terminations filed with the TWC; 300 days with the EEOC.

Wage and Hour Violations

Oil-and-gas service hands, restaurant servers, and hospital technicians frequently face misclassification or off-the-clock work. Key deadlines:

180 days to file a wage claim with the Texas Workforce Commission wage claim division.

• 2 years to sue under FLSA (3 years if the violation was willful).

Discrimination & Harassment

Houston ranks among the most diverse U.S. metros, yet EEOC data show thousands of complaints annually. Sexual harassment claims soared after the 2017 #MeToo movement, leading to notable Texas cases such as Alamo Heights ISD v. Clark, 544 S.W.3d 755 (Tex. 2018).

Retaliation & Whistleblower Protections

Retaliation is now the most common basis of federal workplace charges. Texas employees who report fraud, unpaid wages, or discrimination are protected under:

• FLSA anti-retaliation provisions

• Title VII/Chapter 21

• Texas Whistleblower Act (public employees, 90-day deadline)

• Sabine Pilot wrongful termination (private employers)

Texas Legal Protections & Regulations

The primary state statute is the Texas Labor Code. Relevant chapters include:

• Chapter 21—Discrimination and retaliation (mirrors Title VII).

• Chapter 61—Texas Payday Law (wage claims).

• Chapter 62—Minimum wage.

• Chapter 451—Workers’ compensation retaliation.

Role of the Texas Workforce Commission (TWC)

The TWC enforces state labor laws and investigates wage-related complaints. Employees may:

• File an administrative wage claim within 180 days of the date wages were due.

• Request an adjudicative hearing if initially denied.

• Appeal adverse rulings to a civil court within 30 days.

Equal Employment Opportunity Commission (EEOC) Process

Most Houston discrimination cases begin at the EEOC Houston District Office or the TWC Civil Rights Division because of a work-sharing agreement. Key timelines:

• 300 days to file with EEOC (federal).

• 180 days to file with TWC (state).

• After investigation, the agency issues a Right-to-Sue letter—usually 60 days to file suit in state court (TWC) or 90 days in federal court (EEOC).

Statutes of Limitations Quick Reference

Claim TypeAgency/ForumDeadline

Discrimination (Title VII)EEOC300 days Discrimination (Chap. 21)TWC180 days FLSA unpaid wagesFederal court2 years (3 willful) Texas Payday ClaimTWC180 days Sabine Pilot wrongful terminationState court2 years Workers’ Comp retaliationState court2 years

Steps to Take After an Employment Dispute

1. Document Everything

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

• Keep a contemporaneous journal noting dates, times, witnesses, and specific comments.

• Forward critical evidence to your personal (not work) email when permitted.

2. Review Company Policies

Many Houston employers maintain mandatory internal complaint procedures. Failure to exhaust these procedures may weaken later claims. Request the employee handbook or policy manual in writing.

3. File Internal Complaints Promptly

For harassment, courts may reduce damages if an employee unreasonably fails to use available reporting channels (Ellerth/Faragher defense). File a written complaint with HR and keep copies.

4. Preserve Electronic Evidence

Before resigning or being terminated, preserve key documents. Texas law on computer fraud and trade secrets forbids taking proprietary data, but you may copy your own emails, pay statements, or public materials.

5. Consult an Experienced Texas Employment Attorney

Most deadlines run quickly—sometimes in as little as 90 days. Early legal advice ensures you meet notice requirements and avoid fatal procedural missteps.

6. File with the Appropriate Agency

• Discrimination: Visit EEOC’s Houston office or complete TWC’s online intake. Provide a concise statement of facts and desired remedies.

• Wage Claims: Submit TWC Form LL-1 with supporting pay evidence.

• OSHA Safety Complaints: Must be filed within 30 days for retaliation claims.

7. Keep an Eye on Retaliation

It is unlawful for your employer to demote, harass, or cut hours for asserting workplace rights. Document any adverse actions after you complain—this evidence is often critical.

When to Seek Legal Help in Texas

Certain situations warrant immediate counsel from a Texas employment attorney:

• You receive a severance agreement containing a release of claims.

• Your employer requests you sign a non-compete or confidentiality pact.

• You are placed on a Performance Improvement Plan (PIP) after reporting illegal conduct.

• You are a public employee facing Texas Whistleblower Act deadlines.

Attorneys licensed in Texas must be members in good standing with the State Bar of Texas and carry trust-account insurance for client funds. Always verify licensing via the State Bar’s public database.

How Louis Law Group Can Help

Louis Law Group represents Houston workers in wage, discrimination, and retaliation suits statewide. Our attorneys:

• Investigate time-clock and payroll records for FLSA collective actions.

• Negotiate pre-suit settlements to recover lost wages and front pay.

• Litigate complex discrimination cases in federal and state court.

• Handle contingency fee matters—no fee unless we win.

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

Local Resources & Next Steps

Government Agencies

Texas Workforce Commission (TWC)—file wage claims and discrimination charges. EEOC Houston District Office—Title VII, ADA, ADEA enforcement. U.S. Department of Labor Wage and Hour Division—federal wage complaints. Houston Bar Association Lawyer Referral Service—low-cost consultations.

Practical Next Steps for Houston Workers

• Calculate deadlines based on the tables above—immediately.

• Gather and organize evidence in chronological order.

• Consult Louis Law Group for a strategic case assessment.

• File agency complaints before the statutory window closes.

• Monitor for retaliation and update counsel.

Final Thoughts

Texas offers robust remedies when employers overstep, but strict procedural rules mean time is rarely on the employee’s side. Acting promptly—and with informed legal guidance—helps ensure your claim is heard on its merits, not dismissed on a technicality.

Ready to protect your rights? Contact Louis Law Group today at 833-657-4812 for a free policy review and case evaluation. Our team is committed to empowering Houston workers and holding employers accountable.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Reading or relying on it does not create an attorney-client relationship. Each case is fact-specific; consult a qualified attorney regarding your particular situation. Past results do not guarantee future outcomes. Attorney Advertising.