Employment Law Guide for Longview, Texas Workers

Introduction: Why Employment Law Matters in Longview, Texas

The Longview metropolitan area—covering Gregg, Rusk, and Upshur counties—has long been a hub for energy, manufacturing, and health-care jobs. According to labor-market data published by the Texas Workforce Commission (TWC), roughly one in every five private-sector positions in the Longview MSA is tied to oil, gas, and chemical processing. Eastman Chemical Company, CHRISTUS Good Shepherd Medical Center, and the Longview Independent School District are among the city’s largest employers. In workplaces this diverse, disputes over wages, discrimination, and wrongful termination inevitably arise. Understanding Texas employment law is especially important in an at-will state where a single misunderstanding can jeopardize your livelihood. This guide explains how state and federal laws—such as the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, and the Texas Commission on Human Rights Act (TCHRA)—protect Longview workers. Slightly favoring employee protections, we outline common violations, deadlines, and practical steps so you can make informed decisions. Every fact below is drawn from primary legal sources, published court opinions, or official agency guidance current as of 2024.

Understanding Your Employment Rights in Texas

1. Texas At-Will Employment—The Baseline Rule

Texas follows the at-will doctrine codified through case law such as Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985). Employers may terminate an employee for any lawful reason or no reason at all, and employees may quit at any time. However, there are critical exceptions:

• Statutory Protections: Termination cannot violate anti-discrimination laws (Texas Labor Code §21.051; Title VII §703).

• Public Policy Exception: Firing an employee for refusing to perform an illegal act is unlawful (Sabine Pilot).

• Contractual Exceptions: Written employment agreements, collective-bargaining contracts, or handbooks that create specific procedures can override at-will status.

2. Core Federal and State Statutes Protecting Longview Employees

• Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex (including pregnancy and LGBTQ+ status per Bostock v. Clayton County), and national origin (42 U.S.C. §2000e).

• Texas Labor Code Chapter 21 (TCHRA): Mirrors Title VII protections and expands them to employers with ≥15 employees.

• Fair Labor Standards Act (FLSA): Requires a federal minimum wage of $7.25/hour, overtime at 1.5× after 40 hours, and record-keeping (29 U.S.C. §201 et seq.).

• Texas Payday Law: Ensures timely payment of earned wages (Texas Labor Code §61.014).

• Americans with Disabilities Act (ADA): Mandates reasonable accommodations and bars disability discrimination (42 U.S.C. §12101 et seq.).

3. Statute of Limitations for Employment Claims

• Discrimination (Title VII/TCHRA): 180 days to file with the TWC Civil Rights Division; up to 300 days with the EEOC because Texas is a “deferral” state (42 U.S.C. §2000e-5(e)(1)).

• FLSA Wage Claims: Two years, or three years if the violation is “willful” (29 U.S.C. §255(a)).

• Texas Payday Law: 180 days to file with TWC after wages were due.

• Sabine Pilot Wrongful Termination: Two years (Tex. Civ. Prac. & Rem. Code §16.003).

Common Employment Law Violations in Texas

1. Unpaid Overtime and Minimum-Wage Errors

Oilfield service technicians and hospital nurses in Longview often work rotating shifts that push them beyond 40 hours. Under FLSA §207, non-exempt employees must receive 1.5× their regular rate for hours over 40 in a workweek. Common employer mistakes include:

• Misclassifying hourly workers as independent contractors.

• Improperly categorizing employees as exempt salaried managers without meeting the “duties” and salary-basis tests.

• Auto-deducting meal breaks when employees work through lunch, contrary to 29 C.F.R. §785.19.

2. Discrimination and Harassment

Data from the EEOC’s 2023 enforcement statistics show that retaliation, disability, and sex-based complaints lead statewide filings. In Longview, hospital staff have reported ADA accommodation denials, while refinery workers have filed racial harassment charges. Under Texas Labor Code §21.003, employers must provide an environment free from hostile conduct that is severe or pervasive.

3. Wrongful Termination in Retaliation

Terminating an employee for reporting safety hazards to OSHA or wage violations to TWC violates both federal law (29 U.S.C. §215(a)(3)) and state public policy. Courts in the Eastern District of Texas, including Jones v. Eastman Chemical, No. 6:19-cv-00541 (E.D. Tex. 2021), have allowed Sabine Pilot claims to proceed when employees were fired for refusing unlawful directives.

4. Family and Medical Leave Act (FMLA) Interference

Employers with 50+ workers in a 75-mile radius must grant eligible employees up to 12 weeks of unpaid leave. Denial or interference violates 29 U.S.C. §2615. Longview’s health-care sector often triggers FMLA questions when nurses request leave for childbirth or serious health conditions.

Texas Legal Protections & Employment Laws

1. Texas Commission on Human Rights Act (TCHRA)

TCHRA (Texas Labor Code Ch. 21) largely parallels Title VII but extends protections to age (40+), disability, and genetic information consistent with the Genetic Information Nondiscrimination Act (GINA). It also provides for compensatory and punitive damages capped by employer size (§21.2585).

2. Texas Payday Law & Wage Claims

Employees denied earned wages or commissions may file a wage claim with the TWC within 180 days of the due date. If the TWC rules in the employee’s favor and the employer does not pay, the agency may issue a formal order and seek judicial enforcement (Texas Labor Code §61.053).

3. Workers’ Compensation Retaliation (Texas Labor Code §451)

Texas does not require most private employers to carry workers’ compensation insurance, but those who do cannot retaliate against employees who file claims. Damages include reinstatement and mental-anguish compensation.

4. Whistleblower Protections

Public employees in Longview—such as teachers in Longview ISD—are protected under the Texas Whistleblower Act (Gov’t Code §554.002) when reporting violations of law to appropriate authorities.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, schedules, emails, and performance reviews. In wage cases, contemporaneous time logs strengthen FLSA claims (Eberline v. MediaNet, 636 F. App’x 225 (5th Cir. 2016)).

2. Follow Internal Complaint Channels

Most courts expect employees to use company grievance procedures first. Under Faragher/Ellerth defenses, failure to report could reduce damages in harassment cases.

3. File with the EEOC or TWC

• Prepare charge: Detail the discriminatory act, dates, and witnesses.

• Submit: Longview residents may file online, by mail, or at the EEOC’s Dallas District Office. TWC Civil Rights Division in Austin accepts electronic submissions.

• Dual filing: Charges filed with one agency are automatically cross-filed.

For guidance, visit the EEOC’s Charge-Filing Instructions.

4. Consider Mediation

Both agencies offer voluntary mediation. Settlements often include monetary relief, policy changes, and reinstatement.

5. Preserve Deadlines for Court

Once the EEOC/TWC issues a Notice of Right to Sue, employees generally have 90 days (federal) or 60 days (state) to file in court (42 U.S.C. §2000e-5(f)(1); Tex. Labor Code §21.254).

When to Seek Legal Help in Texas

1. Complexity of Federal-State Overlap

Because Texas is a deferral and right-to-sue state, wrong paperwork or missed deadlines can doom a case. Employment lawyers licensed by the State Bar of Texas understand venue requirements in the Eastern District of Texas, Gregg County District Court, and arbitration clauses common in energy contracts.

2. Negotiating Severance and Non-Compete Agreements

Texas courts enforce non-competes only if they are ancillary to an otherwise enforceable agreement and reasonably limited in time, geography, and scope (Marsh USA Inc. v. Cook, 354 S.W.3d 764 (Tex. 2011)). Attorneys can negotiate narrower terms or additional compensation.

3. Litigation or Collective Actions

FLSA allows collective actions where similarly situated workers “opt-in.” Local employment counsel can gather oilfield workers across Longview and Kilgore in a single suit, increasing leverage and recovery.

Local Resources & Next Steps

• TWC Longview Workforce Solutions Office: 416 E. Loop 281, Longview, TX 75605 – Offers reemployment assistance and wage-claim forms.

• Gregg County Law Library: 101 E. Methvin St., Longview – Free access to Texas statutes and case law.

• EEOC Dallas District Office: 207 S. Houston St., Dallas, TX 75202 – Handles East Texas discrimination charges.

• Legal Aid of Northwest Texas: Provides low-income residents civil legal help, including employment issues.

• Occupational Safety & Health Administration (OSHA) Houston North Area Office: Oversees workplace safety complaints for East Texas.

Before signing any employer agreement or accepting a settlement, get case-specific advice from a licensed Texas employment lawyer.

Legal Disclaimer

The information provided herein is for educational purposes only and is not legal advice. Employment law is fact-specific, and outcomes vary. Consult a licensed Texas attorney regarding your individual circumstances.

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.