Texas Minimum Wage & Employment Law – San Antonio, Texas

Introduction: Why San Antonio Workers Need to Understand Texas Employment Law

San Antonio—home to Joint Base San Antonio, USAA, H-E-B, and a rapidly growing cybersecurity and bioscience sector—employs more than 1.2 million people across Bexar County. Whether you are stocking shelves at a grocery store on Military Drive, running fiber-optic cable at Port San Antonio, or caring for tourists along the River Walk, you are protected by state and federal labor laws. Yet many employees still lose wages, benefits, and even their jobs because they do not know their rights under the Texas Labor Code, the Fair Labor Standards Act (FLSA), and the Texas Commission on Human Rights Act (TCHRA). This guide—written with a slight bias toward protecting workers—explains how those laws apply in San Antonio, what common violations look like, and how to enforce your rights.

We cite only authoritative sources such as the Texas Labor Code, federal statutes, court opinions, and the Texas Workforce Commission (TWC). If you believe you have been short-changed on pay, discriminated against, or wrongfully terminated, understanding these statutes is the first step toward recovery.

Understanding Your Employment Rights in Texas

At-Will Employment—And Its Exceptions

Texas follows the at-will employment doctrine: unless you have a written contract or belong to a union, an employer may terminate you for any reason—or no reason—except an illegal one. Illegal reasons include discrimination prohibited by Texas Labor Code Chapter 21 (mirroring Title VII of the Civil Rights Act of 1964) and retaliation for protected activities such as filing a wage claim or reporting safety violations.

• Public-policy exception: You cannot be fired for refusing to commit an illegal act. (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, Tex. 1985).

• Statutory exceptions: Termination for filing a workers’ compensation claim (Tex. Lab. Code § 451.001) or for taking jury duty, military leave, or voting leave violates state law.

• Contractual exception: Employees with individual or collective-bargaining agreements may only be discharged for “just cause.”

Minimum Wage and Overtime

The Texas Minimum Wage Act, Tex. Lab. Code § 62.051, adopts the federal minimum wage, currently $7.25 per hour under the FLSA. Employers must keep accurate payroll records for at least two years (Tex. Lab. Code § 62.003). Non-exempt employees are entitled to overtime at 1.5 times the regular rate for hours worked beyond 40 in a workweek (29 U.S.C. § 207).

San Antonio’s service, hospitality, and call-center industries frequently rely on tipped workers. Under both federal and Texas law, employers may pay as little as $2.13/hour only if tips bring the worker’s average hourly earnings to at least $7.25. Any shortfall must be made up by the employer.

Anti-Discrimination Protections

Employees in San Antonio are protected from adverse employment actions based on race, color, nationality, religion, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older), or genetic information under:

• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)

• Texas Commission on Human Rights Act (Tex. Lab. Code §§ 21.001-21.556)

• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)

• Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)

Enforcement at the state level occurs through the TWC Civil Rights Division; at the federal level, the Equal Employment Opportunity Commission (EEOC) investigates claims.

Common Employment Law Violations in Texas

1. Unpaid Wages & Off-the-Clock Work

San Antonio’s logistics hubs near Loop 410 and the I-35 corridor have been cited for requiring employees to perform “pre-shift” tasks—logging into systems, undergoing security checks, or donning protective gear—without compensation. Under the FLSA, that time is compensable. Failure to pay is a wage theft violation.

2. Misclassification of Independent Contractors

Ride-share, food-delivery, and construction companies sometimes classify workers as independent contractors to avoid paying overtime and payroll taxes. Courts analyze economic reality factors; if you are economically dependent on the company, you are an employee entitled to benefits.

3. Tip Pooling Violations

Texas restaurants may implement tip pools, but owners, managers, and supervisors may not keep any portion of tips (29 C.F.R. § 531.52). Requiring servers on the River Walk to share tips with kitchen managers violates federal law.

4. Discrimination & Harassment

Despite decades of civil rights progress, the EEOC’s San Antonio Field Office reported 1,832 charges in fiscal year 2023, with retaliation, race, and sex discrimination topping the list. Harassment can be verbal, physical, or digital and must be severe or pervasive enough to create a hostile work environment.

5. Wrongful Termination

Texas wrongful termination claims often arise when employers retaliate against whistleblowers or lay off pregnant employees under the guise of “restructuring.” Because Texas is at-will, proving wrongful termination requires linking the discharge to a protected activity or status.

Texas Legal Protections & Employment Laws

Key Statutes Every San Antonio Employee Should Know

• Texas Minimum Wage Act – Tex. Lab. Code § 62.051

• Texas Payday Law – Tex. Lab. Code §§ 61.001-61.095 (requires final pay within six days for discharged employees)

• Texas Whistleblower Act – Tex. Gov’t Code §§ 554.001-554.010 (applies to public employees)

• Family and Medical Leave Act – 29 U.S.C. § 2601 et seq. (12 weeks unpaid leave for qualifying reasons)

• Uniformed Services Employment and Reemployment Rights Act (USERRA) – 38 U.S.C. § 4301 et seq.

Statutes of Limitations

• Wage claims under the FLSA: 2 years (3 for willful violations).

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

• Discrimination charges: 300 days to file with EEOC/TWC after the unlawful act.

• Workers’ compensation retaliation: 2 years.

• Sabine Pilot wrongful discharge: 2 years.

How the EEOC & TWC Work Together

Texas is a “deferral state,” meaning the EEOC automatically cross-files discrimination charges with the TWC Civil Rights Division when the claim arises in Texas. You may initiate the process with either agency, but you cannot proceed to court until you receive a “Right-to-Sue” letter.

Attorney Licensing Rules

Only attorneys licensed by the State Bar of Texas and in good standing may represent workers in Texas state courts. Federal courts in the Western District of Texas (which includes San Antonio) require separate admission.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, time sheets, performance evaluations, and emails. In Texas, you may record a conversation if one party (you) consents (Texas is a one-party consent state), but do not violate employer policies on recording.

2. Follow Internal Complaint Procedures

Many large San Antonio employers (for example, Methodist Healthcare System) have HR hotlines. Timely internal complaints can:

• Stop ongoing harassment.

• Create a record that you tried to resolve the issue.

3. File a Wage Claim or Charge of Discrimination

• Wage claim: Submit TWC Form LL-1 online or at Workforce Solutions Alamo career centers. Claims under $5,000 cost nothing to file.

• Discrimination charge: Contact the EEOC San Antonio Field Office, 5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229. Appointments can be scheduled via the EEOC Public Portal.

4. Seek Early Legal Advice

An employment lawyer in San Antonio, Texas can calculate back-pay, evaluate front-pay, and negotiate with employers. Early counsel often leads to faster settlements and preserves evidence.

5. Avoid Retaliation Pitfalls

Retaliation claims outnumber all other EEOC claims nationwide. If your employer changes your schedule, cuts your hours, or issues write-ups shortly after you complain, that timing may establish a prima facie case.

When to Seek Legal Help in Texas

Indicators You Need an Attorney

• You are owed more than $5,000 in back wages.

• The discrimination involves a supervisor or multiple parties.

• You received a “Right-to-Sue” letter and have 90 days to file.

• Your employer is threatening a non-compete or trade secret lawsuit.

• You feel unsafe returning to work.

Choosing the Right Attorney

Check the State Bar of Texas disciplinary history. Ask about:

• Hourly vs. contingency fees.

• Experience in federal court.

• Recent verdicts or settlements in Bexar County.

Potential Remedies

• Unpaid wages and overtime (plus liquidated damages under 29 U.S.C. § 216(b)).

• Compensatory damages for emotional distress (capped by employer size under Title VII).

• Reinstatement or front-pay.

• Attorney’s fees and court costs.

Local Resources & Next Steps

Government Agencies Serving San Antonio

Texas Workforce Commission – Wage claims & unemployment benefits. EEOC San Antonio Field Office – Discrimination charges. U.S. Department of Labor Wage and Hour Division – Overtime and child labor investigations. Workforce Solutions Alamo – Job training & career services.

Non-Profit & Pro Bono

• Texas RioGrande Legal Aid (TRLA) – Free representation for eligible low-income workers.

• St. Mary’s University School of Law – Civil Justice Clinic may accept employment cases.

Next Steps Checklist

• Gather pay records, emails, and witness information.

• File internal complaint within 24 hours of incident.

• Mark key deadlines: 180-day payday claim, 300-day EEOC charge.

• Consult a San Antonio employment lawyer for strategy.

• Keep a retaliation diary—dates, times, actions.

Legal Disclaimer

This article provides general information only and does not constitute legal advice. Employment laws change, and their application depends on specific facts. Consult a licensed Texas attorney for advice regarding your individual 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.