Employment Law Guide for Workers in Fort Worth, Texas

Introduction: Why Fort Worth Workers Need a Local Employment Law Guide

Fort Worth’s economy is powered by aerospace, defense, logistics, health care, and the oil-and-gas supply chain. From Lockheed Martin’s assembly lines to the bustling medical district around Texas Health Resources, employees in Tarrant County confront a wide range of workplace challenges—unpaid overtime, wrongful termination, and discriminatory treatment. Texas is an at-will employment state, meaning an employer may terminate a worker for almost any reason except an unlawful one. Understanding the difference is critical if you want to protect your livelihood. This guide—grounded in the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, and other authoritative sources—explains the key rights, deadlines, and local resources available to Fort Worth employees. Slightly pro-employee in tone, it nevertheless sticks strictly to verifiable facts.

Understanding Your Employment Rights in Texas

At-Will Employment and Its Exceptions

Texas Labor Code § 22.051 codifies the state’s at-will doctrine: an employment relationship may be ended by either party at any time, with or without cause or notice. However, several well-defined exceptions protect workers:

• Statutory Protections – Termination based on race, color, national origin, sex (including pregnancy & sexual orientation per Bostock v. Clayton County), religion, disability, age (40+), or genetic information violates Title VII, the Texas Commission on Human Rights Act (TCHRA, Texas Labor Code Chapter 21), the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA).

• Public Policy (Sabine Pilot) Exception – Under Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), an employer cannot fire an employee solely for refusing to commit an illegal act.

• Contractual Exceptions – Written employment agreements, collective bargaining agreements (CBAs), or company policies that create a contractual right to continued employment override at-will status.

Key Federal & Texas Statutes Protecting Fort Worth Employees

• Fair Labor Standards Act (29 U.S.C. § 201 et seq.) – Governs minimum wage, overtime pay above 40 hours, record-keeping, and child labor.

• Texas Payday Law (Texas Labor Code Chapter 61) – Requires timely payment of wages and allows TWC wage claims within 180 days of the violation.

• Texas Whistleblower Act (Gov’t Code § 554.002) – Protects public-sector employees who report violations of law by governmental entities.

• Uniformed Services Employment and Reemployment Rights Act (USERRA) – Safeguards military reservists and veterans.

Common Employment Law Violations in Texas

1. Wage and Hour Abuse

Fort Worth’s warehouses and logistics hubs rely heavily on non-exempt hourly workers. Employers sometimes misclassify these workers as independent contractors or salary them without paying overtime. Under the FLSA and Texas Labor Code § 62.051, the minimum wage in Texas tracks the federal rate—currently $7.25/hour. Overtime must be paid at 1.5× the regular rate for hours over 40 per week unless the employee qualifies for a bona fide exemption (e.g., executive, administrative, or professional).

2. Workplace Discrimination

Discrimination claims often arise from failure to promote, unequal pay, or hostile work environment. Title VII and TCHRA both prohibit such conduct. Notably, Chapter 21 of the Texas Labor Code mirrors federal protections and allows claims against employers with 15+ employees (for disability discrimination, the threshold is the same). Fort Worth’s diverse workforce, including a growing Hispanic population and a sizable veteran community, benefits from these protections.

3. Retaliation

Retaliation is the most frequently alleged charge with the EEOC nationwide. Texas Labor Code § 21.055 makes it unlawful to retaliate against an employee for opposing discriminatory practices, filing a charge, or participating in an investigation.

4. Wrongful Termination after Medical Leave

Workers entitled to leave under the Family and Medical Leave Act (FMLA) (29 U.S.C. § 2601) may face terminations disguised as layoffs when they return. Employers with 50+ employees within 75 miles of the worksite must reinstate covered employees to the same or equivalent position.

5. Occupational Safety Violations

Fort Worth’s construction sector remains one of the most dangerous. Under the Occupational Safety and Health Act (OSHA), employees may file a complaint within 30 days if terminated or retaliated against for raising safety concerns.

Texas Legal Protections & Employment Laws in Detail

Statutes of Limitations You Cannot Miss

• Discrimination (Title VII & TCHRA) – 180 days to file with the Texas Workforce Commission Civil Rights Division (TWCCRD); up to 300 days with the EEOC because Texas is a “deferral” state.

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

• FLSA Overtime – 2 years, extended to 3 years for willful violations (29 U.S.C. § 255).

• Sarbanes-Oxley (public companies) – 180 days to OSHA.

• Sabine Pilot wrongful discharge – 2 years (Tex. Civ. Prac. & Rem. Code § 16.003).

Texas Commission on Human Rights Act (TCHRA)

Modeled on Title VII, TCHRA (Tex. Labor Code §§ 21.001–.556) provides for compensatory and punitive damages capped by employer size, with a maximum of $300,000 for employers with >500 workers. The statute also permits recovery of attorney’s fees. Fort Worth employees must exhaust administrative remedies by filing with TWCCRD or EEOC before suing.

Equal Employment Opportunity Commission (EEOC) Process for Fort Worth

• Intake Appointment – EEOC’s Dallas District Office (207 South Houston Street, Dallas, TX 75202) handles Fort Worth charges.

• Mediation Offer – Early Resolution Mediation is free and confidential.

• Investigation – If mediation fails, EEOC investigates, often requesting position statements from employers.

• Right-to-Sue Letter – If no resolution, the agency issues a Notice of Right to Sue; you then have 90 days to file in court.

Texas Workforce Commission (TWC) Wage Claim Procedure

The TWC’s local Workforce Solutions for Tarrant County office at 4200 South Freeway, Suite 400, Fort Worth, TX 76115, provides forms and guidance. After filing, the agency investigates and may issue a preliminary wage determination order, which either party can appeal to the TWC Commission within 21 days (Texas Labor Code § 61.059).

Licensing Requirements for Employment Lawyers in Texas

Attorneys must be licensed by the State Bar of Texas and remain in good standing by fulfilling yearly Continuing Legal Education (CLE) credits. The Texas Board of Legal Specialization offers optional certification in Labor and Employment Law, requiring at least five years of practice, substantial case involvement, peer recommendations, and a specialty exam.

Steps to Take After Workplace Violations

1. Document Everything

• Keep copies of pay stubs, schedules, performance reviews, and relevant emails or texts.

• Maintain a contemporaneous journal noting dates, times, and names of witnesses.

2. Review Company Policies

Employee handbooks often outline internal complaint procedures. Exhausting internal remedies can strengthen your credibility and protect you from retaliation under Tex. Labor Code § 21.055.

3. File Administrative Charges on Time

• Discrimination – File with TWCCRD or EEOC within 180/300 days.

• Unpaid Wages – File a Texas Payday Law claim with TWC within 180 days, or an FLSA suit in federal court.

• OSHA Retaliation – File with OSHA within 30 days.

4. Consider Mediation or Settlement

Both the EEOC and TWCCRD offer mediation. Private pre-litigation mediation can save costs, but ensure any agreement is in writing and reviewed by counsel.

5. Preserve Electronic Evidence

Under the Federal Rules of Civil Procedure, spoliation (destruction) of evidence can lead to sanctions. Back up relevant files and avoid deleting company emails until advised by counsel.

When to Seek Legal Help in Texas

Legal representation is advisable when the facts are disputed, damages are significant, or deadlines are near. Fort Worth employees frequently consult lawyers for:

• Class or Collective Overtime Actions – FLSA collective actions require opt-in consent under 29 U.S.C. § 216(b).

• Negotiating Severance Agreements – Lawyers can evaluate non-compete clauses under Tex. Bus. & Com. Code § 15.50.

• Litigating Sabine Pilot Claims – Proving termination solely for refusing to commit an illegal act can be fact-intensive.

• Appealing Unemployment Benefits – TWC appeal hearings have short deadlines (14 days after a determination).

Fee Structures

Many employment lawyers accept contingency fees for wage and discrimination claims, but may charge hourly for review of contracts. Texas Disciplinary Rules of Professional Conduct Rule 1.04 requires fees to be reasonable and in writing when contingent.

Local Resources & Next Steps

Texas Workforce Commission (Official Site) EEOC Dallas District Office Occupational Safety and Health Administration City of Fort Worth Diversity & Inclusion Department State Bar of Texas Lawyer Referral

Preparing for a Consultation with an Employment Lawyer

Gather these documents before meeting an attorney:

• Employment contract or offer letter

• Employee handbook

• Relevant pay records

• Timeline of events

• Names and contact information for witnesses

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employment laws can change, and the application of the law depends on specific facts. Always consult a licensed Texas attorney regarding your particular 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.