Austin Guide to Texas Employment Law: Know Your Rights

11 min read

Introduction: Why Understanding Texas Employment Law Matters in Austin

Whether you are a software engineer in the booming Austin tech corridor or a hospitality worker on bustling Sixth Street, knowing your employment rights is essential. Texas is an at-will employment state, meaning employers generally can terminate employees for any reason—or no reason—unless that reason violates state or federal law. Unfortunately, employees often face wrongful termination, unpaid wages, workplace discrimination, retaliation, or harassment. This guide, written with a slight bias toward protecting workers, explains how Texas employment law Austin residents rely on intersects with federal protections, what deadlines apply, and the steps every employee should take to protect their livelihood.

By the end, you will know the fundamentals of Texas workplace laws, how to file a complaint with the Texas Workforce Commission (TWC) or Equal Employment Opportunity Commission (EEOC), and when to consult a qualified attorney. If you believe your employer violated your rights, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

1. At-Will Employment and Its Limits

Texas at-will doctrine allows termination for almost any reason, but not for illegal reasons such as discrimination, retaliation for whistleblowing, or refusal to commit an unlawful act (Sabine Pilot exception, Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)). An employer also cannot fire someone for filing a workers’ compensation claim under Tex. Lab. Code § 451.001.

2. Protected Classes Under Federal and State Law

• Title VII of the Civil Rights Act (1964): race, color, religion, sex (including pregnancy, sexual orientation, and gender identity) & national origin.

• Age Discrimination in Employment Act (ADEA): workers aged 40 or older.

• Americans with Disabilities Act (ADA): qualified individuals with disabilities.

• Texas Labor Code Chapter 21: generally mirrors Title VII but applies to employers with 15+ employees and extends some protections to those discriminated against for genetic information or those who aid investigations.

3. Wage and Hour Laws

Texas follows the federal Fair Labor Standards Act (FLSA), requiring at least $7.25 per hour and overtime pay of 1.5× hourly rate after 40 hours in a workweek for non-exempt employees. Austin’s cost of living has sparked city debates about living wages, but no local ordinance overrides the state minimum yet. Certain exemptions (executive, administrative, professional) still apply, but employers often misclassify workers to avoid overtime.

4. Other Key Protections

• Family and Medical Leave Act (FMLA): up to 12 weeks unpaid leave for eligible employees.

• Whistleblower Protections: Texas Whistleblower Act protects public-sector employees reporting legal violations.

• Military Service Leave: Uniformed Services Employment and Reemployment Rights Act (USERRA).

Common Employment Disputes in Texas

Below are the issues Austin employees most frequently encounter:

Wrongful Termination

• Terminated for discriminatory reasons (e.g., pregnancy).

• Fired in retaliation for reporting OSHA safety violations.

Wage & Hour Violations

• Unpaid overtime for IT technicians classified as “contractors.”

• Off-the-clock work for tipped workers in Austin’s restaurant scene.

Workplace Discrimination

• Denial of promotion based on age (>50) in a startup.

• Hostile work environment due to racial slurs.

Retaliation

• Cut hours after filing an EEOC charge.

• Demotion after requesting ADA accommodations.

Harassment

• Sexual harassment from a supervisor ignored by HR.

• Persistent jokes about disability creating hostile environment.

Texas Legal Protections & Regulations

1. Texas Labor Code Chapters to Know

Chapter 21 governs discrimination claims, Chapter 61 covers wage payments, and Chapter 451 protects against retaliation for workers’ comp claims. Claims for unpaid wages can also proceed under the FLSA.

2. Filing a Discrimination Charge

Dual-filing system: A complaint filed with either the TWC’s Civil Rights Division or the EEOC automatically files with the other, preserving federal and state claims.

• Deadline: 300 days from the adverse action for most Title VII claims in Texas.

Process:

Submit an intake questionnaire online, by mail, or at the EEOC Dallas District Office covering Austin (EEOC Dallas District).

• EEOC/TWC investigates, may mediate, dismiss, or issue a Notice of Right to Sue.

• Upon receiving the Notice, you have 90 days (federal) or 60 days (state) to file suit.

3. Wage Claim Procedures

• TWC Wage Claim: File within 180 days of the date wages were due. Use the online portal or mail the TWC Wage Claim Form.

• FLSA Lawsuit: Two-year statute of limitations (three if willful).

4. Retaliation & Whistleblower Claims

Public employees must file under the Texas Whistleblower Act within 90 days. Private-sector retaliation claims usually follow the underlying discrimination or FLSA timelines.

Steps to Take After an Employment Dispute

Document Everything

• Save emails, texts, timesheets, performance reviews, and witness names.

• Keep a contemporaneous journal noting dates, times, and descriptions of incidents.

Review Company Policies

• Employee handbooks often outline internal grievance procedures you must exhaust.

File an Internal Complaint

• Report discrimination or harassment to HR in writing. Failure to complain can limit damages under Ellerth/Faragher defense.

Contact Regulatory Agencies

• Submit wage claims to TWC within 180 days.

• File EEOC/TWC discrimination charge within 300 days.

For OSHA safety issues, file within 30 days of retaliation (OSHA Complaint Process).

Preserve Digital Evidence

• Download pay stubs, schedules, and Slack messages before losing access.

• Do not take proprietary data—focus on personal records only.

Track Deadlines

• Put EEOC and TWC due dates on your calendar.

• Missing a filing deadline may bar your claim.

• Consult an Attorney Early

When to Seek Legal Help in Texas

While Texas agencies assist, they are inundated with cases and cannot offer personalized strategy. You should consider retaining counsel when:

• You have been fired or demoted after complaining about illegal practices.

• The employer offers a severance agreement with a release of claims.

• There is complex wage theft involving multiple employees (potential collective action).

• You face ongoing harassment and internal complaints are ignored.

Louis Law Group understands Austin’s unique labor market—from startups to state agencies—and can evaluate claims under federal and Texas law. Our attorneys are licensed in Texas and appear before the Western District of Texas and state courts regularly. We will:

• Conduct a free, confidential case review.

• Analyze potential damages (back pay, front pay, liquidated damages, punitive damages).

• Handle agency filings and negotiate with employers.

• Litigate aggressively when necessary.

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

Local Resources & Next Steps for Austin Employees

Texas Workforce Commission, Austin Office 101 E. 15th St., Austin, TX 78778 EEOC San Antonio Field Office (covers Austin) 5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229 Austin Bar Association – Lawyer Referral Service Austin Bar Association

• Equal Justice Center – Non-profit providing low-income worker representation.

Take swift action: collect evidence, meet deadlines, and seek counsel. Louis Law Group stands ready to fight for Austin employee rights. Call 833-657-4812 or submit our online form today.

Legal Disclaimer

This guide provides general information and is not legal advice. Laws change frequently, and application depends on specific facts. Consult a licensed Texas employment attorney for advice regarding your situation. Contacting Louis Law Group does not create an attorney-client relationship until a written agreement is signed.