Employment Law Guide for Houston, Texas Workers

Introduction: Why Houston Workers Need a Focused Employment Law Guide

Houston, Texas—home to more than 2.3 million residents and a workforce driven by energy, healthcare, aerospace, technology, and logistics—has unique workplace dynamics that every employee should understand. Whether you are a refinery technician in the Energy Corridor, a nurse in the renowned Texas Medical Center, or a software developer in the city’s fast-growing tech hub, you are protected by both federal statutes and the Texas Labor Code. This comprehensive guide favors workers slightly, but remains strictly factual, giving you the knowledge you need to recognize violations, assert your rights, and decide when to contact an employment lawyer Houston Texas.

Texas is an at-will employment state, meaning most employers can terminate employees for any legal reason or no reason at all. Yet “at-will” is not “anything goes.” Federal laws such as Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and disability protections under the Americans with Disabilities Act (ADA) work in tandem with state statutes, including the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21) and Texas Minimum Wage Act (Texas Labor Code Chapter 62), to provide powerful safeguards.

This article exceeds 2,500 words and is structured so you can pinpoint relevant topics quickly. We cover minimum wage, overtime, discrimination, retaliation, wrongful termination, and the specific complaint procedures with the Texas Workforce Commission (TWC) and Equal Employment Opportunity Commission (EEOC). Houston-centric resources and examples are included throughout.

Understanding Your Employment Rights in Texas

1. Texas At-Will Employment and Its Exceptions

Texas follows the at-will employment doctrine codified through case law rather than statute. Generally, either the employee or employer may terminate the relationship at any time, for any reason that is not illegal. Key exceptions include:

• Statutory Protections: Termination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per 2020 U.S. Supreme Court precedent), national origin, age (40+), disability, genetic information, or military service is prohibited by Title VII, the Age Discrimination in Employment Act (ADEA), ADA, and Texas Labor Code Chapter 21.

• Public Policy Exception: Employees cannot be fired for refusing to perform an illegal act;

• Contractual Exception: Written employment contracts, collective bargaining agreements, or company policies that create binding promises may override at-will status.

• Retaliation Prohibitions: Terminating or disciplining an employee for filing a wage claim, participating in an EEOC/TWC investigation, reporting safety hazards, or taking protected leave violates various statutes.

2. Minimum Wage and Overtime in Texas

The Texas Minimum Wage Act (Labor Code § 62.051) adopts the current federal minimum wage of $7.25 per hour. There is no separate city or county minimum wage in Houston; local governments in Texas are pre-empted from passing higher rates. The Fair Labor Standards Act (29 U.S.C. § 201 et seq.) likewise sets federal overtime rules: non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek, absent a narrow exemption (e.g., bona fide executive, administrative, professional).

Key points:

• Tipped Employees: Employers may take a tip credit of up to $5.12 under both federal and Texas law, meaning the cash wage can be as low as $2.13/hour so long as tips bridge the gap to $7.25. Employers must provide advance notice and keep accurate tip records.

• Overtime in Oil & Gas: Many Houston-area oilfield service workers are misclassified as independent contractors or exempt employees. Recent Fifth Circuit decisions (e.g., Parrish v. Premier Directional Drilling, 868 F.3d 365 (5th Cir. 2017)) emphasize that job duties—rather than titles—determine exemption.

• Breaks: Neither Texas nor federal law mandates meal or rest breaks for adults, but if an employer chooses to provide short breaks (typically

3. Anti-Discrimination & Harassment Protections

Texas Labor Code Chapter 21 mirrors Title VII and is enforced by the TWC Civil Rights Division. Houston workers are protected from harassment and discrimination based on protected characteristics. Employers with 15+ employees are covered by both statutes, while age claims under the ADEA require 20+ employees.

Statutes of Limitations:

• EEOC/TWC Charges: File within 300 days of the discriminatory act because Texas is a “deferral state.” If you choose to file directly under Texas law, you must submit to TWC within 180 days.

• Federal Lawsuits: After receiving a Right-to-Sue notice from the EEOC, you generally have 90 days to file in federal court.

4. Wrongful Termination & Retaliation

Though Texas has no standalone “wrongful termination” statute, an employee may still recover under theories such as:

• Discrimination: Firing based on protected status.

• Retaliation: Terminating for protected activity (complaining about unpaid wages, OSHA safety hazards, or discrimination). Both Title VII (§ 704(a)) and Texas Labor Code § 21.055 forbid retaliation.

• Whistleblower Act (Gov’t Code § 554): Protects public-sector employees reporting legal violations in good faith.

5. Leave Rights

• Family and Medical Leave Act (FMLA): Applies to employers with 50+ employees within 75 miles, offering up to 12 weeks of unpaid leave.

• Military Leave: USERRA protects service members’ reemployment rights.

• Pregnancy Accommodation: The federal Pregnant Workers Fairness Act (2023) provides reasonable accommodations; Chapter 21 likewise covers pregnancy discrimination.

Common Employment Law Violations in Texas

Because Houston is an economic engine with high competition for jobs, violations often occur in fast-growing sectors. Below are typical infractions reported to the TWC and EEOC:

• Unpaid Overtime: Salaried workers at startups classified as “exempt” when their duties are largely manual or non-managerial.

• Tip Theft: Restaurants deducting unlawful tip pool amounts or failing to inform workers of tip-credit provisions.

• Misclassification: Oil-field or gig-economy workers labeled as independent contractors to avoid payroll taxes and overtime.

• Sexual Harassment: Medical center employees subjected to hostile-environment conduct by supervisors.

• Disability Discrimination: Failure to provide reasonable accommodations in office buildings downtown.

• Retaliation: Firing employees who reported safety concerns at Port Houston warehouses.

Texas Legal Protections & Employment Laws

1. Key Statutes Every Houston Worker Should Know

• Texas Labor Code § 62: Minimum wage, child labor, and tip provisions.
• Texas Labor Code § 21: Anti-discrimination and retaliation; mirrors Title VII.
• Fair Labor Standards Act (29 U.S.C. § 201 et seq.): Minimum wage, overtime, record-keeping.
• Title VII of the Civil Rights Act (42 U.S.C. § 2000e): Discrimination and retaliation.
• Americans with Disabilities Act (42 U.S.C. § 12101): Disability discrimination and accommodation.

2. Statutes of Limitations for Wage and Discrimination Claims

Timing is critical:

• FLSA Wage Claims: Two years from the violation (three for willful), 29 U.S.C. § 255.
• Texas Minimum Wage Act Claims: Two years, Texas Labor Code § 62.205.
• OSHA Retaliation: 30 days (for standard violations).
• Workers’ Compensation Retaliation (Tex. Labor Code § 451): Two years.

3. Attorney Licensing and Fee Recovery

Only lawyers licensed by the State Bar of Texas may give legal advice or represent clients in Texas courts. Many employment statutes allow fee-shifting, meaning prevailing employees can recover reasonable attorney’s fees (e.g., 42 U.S.C. § 1988 for civil rights claims; 29 U.S.C. § 216(b) for FLSA).

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, schedules, HR emails, performance reviews, witness statements, and screenshots of harassing messages. Under the National Labor Relations Act, employees generally have the right to share wage information with coworkers.

2. Confirm Deadlines

Immediately calculate the filing window. For example, if you suffered racial harassment on January 1, you have until approximately October 28 (300 days) to file with the EEOC/TWC.

3. Internal Complaint Procedures

• Review your employee handbook’s reporting channels.

• Submit a written complaint to HR or your designated supervisor.

• Request a written acknowledgment.

4. File a Charge or Wage Claim

• TWC Wage Claim: Use Form LL-1 within 180 days of the wages becoming due.

• TWC Civil Rights Charge: File online or in person at the Houston TWC office (10127 Morris Frank, Houston, TX 77054).

• EEOC Charge: Schedule an intake at the Houston District Office, 1919 Smith Street, 7th Floor.

5. Seek Legal Counsel Early

An experienced attorney can assess whether your case qualifies for court or arbitration; Texas employers often include arbitration clauses, but many are unenforceable if they fail to meet prerequisites under the Federal Arbitration Act.

Discover more about our services on the Louis Law Group website.

When to Seek Legal Help in Texas

Red Flags That Warrant Contacting an Attorney

• Employer ignores or retaliates against internal complaints.

• Systemic wage theft affecting multiple workers (potential collective action).

• Severe harassment causing medical or psychological harm.

• Imminent statute-of-limitations deadlines.

• Termination after FMLA leave, workers’ comp filing, or whistleblowing.

Because many Houston industries involve complex compensation structures—bonus pay in energy trading, per-diem rates for traveling rig workers, and RSU grants in technology—accurate legal assessment is crucial. A knowledgeable lawyer can navigate both state and federal forums, calculate damages (back pay, front pay, liquidated damages), and negotiate severance or reinstatement.

Local Resources & Next Steps

Government Agencies

Texas Workforce Commission Minimum Wage InformationEEOC Houston District Office

U.S. Department of Labor FLSA Overview

Texas Labor Code Chapter 21 – Employment Discrimination

Non-Profit Organizations

• Equal Justice Center – Houston Office: Provides low-income workers with wage claim assistance.

• Lone Star Legal Aid: Free legal services for qualifying residents.

Courthouse Information

• U.S. District Court, Southern District of Texas – Houston Division: 515 Rusk St., Houston, TX 77002.
• Harris County Civil Courthouse: 201 Caroline St., Houston, TX 77002.

Next Steps Checklist

• Gather evidence and time records.

• Review deadlines and decide on EEOC, TWC, or wage claim filings.

• Consult an employment lawyer to evaluate damages and strategies.

• Maintain professionalism at work; avoid social media discussion of your case.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and individual circumstances vary. Consult a licensed Texas attorney regarding your specific 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.