Employment Law Guide for Workers in Galveston, Texas

Introduction: Why Employment Law Matters in Galveston

Galveston, Texas is more than a beach destination. The Port of Galveston, the University of Texas Medical Branch (UTMB), tourism, oil-field service companies, and the cruise industry create thousands of jobs. Whether you scrub barnacles from a supply vessel in Pelican Island, staff a front desk on the Seawall, or conduct medical research at UTMB, you are protected by federal and Texas employment laws. Knowing those protections—and the steps to enforce them—can be the difference between a secure paycheck and prolonged injustice. This guide is written for Galveston employees who may be facing discrimination, unpaid wages, or wrongful termination, providing strictly factual, statute-based information with a slight tilt toward protecting workers.

Understanding Your Employment Rights in Texas

The At-Will Employment Doctrine—And Its Limits

Texas is an at-will employment state. This means an employer can terminate an employee for any lawful reason or no reason at all, and employees may quit at any time. However, the doctrine has important exceptions:

• Statutory exceptions: Termination cannot violate anti-discrimination statutes like Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) or the Texas Commission on Human Rights Act (Texas Labor Code §§ 21.001–21.556).

• Public policy exception: Under Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), an employer may not fire an employee solely for refusing to perform an illegal act.

• Contractual exceptions: Collective bargaining agreements, individual employment contracts, or employer handbooks that create enforceable promises can override at-will status.

Core Federal and Texas Statutes That Protect Galveston Workers

• Title VII—prohibits discrimination based on race, color, religion, sex, and national origin (applies to employers with ≥15 employees).

• Texas Commission on Human Rights Act (TCHRA)—mirrors Title VII, adds state-level remedies and applies to Texas employers with ≥15 employees.

• Fair Labor Standards Act (FLSA)—establishes federal minimum wage, overtime at 1½ times regular rate for hours over 40 in a workweek, child-labor standards.

• Texas Payday Law (Texas Labor Code Chapter 61)—requires timely payment of wages and final paychecks. Enforced by the Texas Workforce Commission (TWC).

• Americans with Disabilities Act (ADA) and Texas Labor Code Chapter 21—protect qualified workers with disabilities and mandate reasonable accommodation.

• Age Discrimination in Employment Act (ADEA)—protects employees age 40+ from age-based discrimination.

• Family and Medical Leave Act (FMLA)—gives eligible employees up to 12 weeks of unpaid, job-protected leave.

• Texas Whistleblower Act—protects certain public employees who report legal violations by their employer.

Common Employment Law Violations in Texas

1. Wage and Hour Violations

In industries common along the Gulf Coast—maritime services, food service, and hospitality—employers sometimes misclassify hourly employees as exempt, deny overtime, or pay cash-under-the-table below the federal minimum wage of $7.25/hour (FLSA § 206). Under the FLSA, most claims must be filed within 2 years (3 years if the violation was willful).

2. Discrimination and Harassment

A UTMB nurse denied a promotion because she is pregnant, or a deckhand harassed with racial slurs on an offshore rig, may file a charge with both the EEOC and the TWC Civil Rights Division. Disparate treatment, hostile work environment, and retaliation are all actionable under Title VII and TCHRA.

3. Wrongful Termination

Employees are sometimes fired for refusing unsafe offshore tasks or for reporting health-code violations in Strand District restaurants. If the firing violates an explicit statute (e.g., retaliation for filing a workers’ compensation claim) or the Sabine Pilot public-policy exception, a Texas state-court lawsuit must generally be filed within 2 years of discharge.

4. Retaliation

Both federal (Title VII, ADA, ADEA, FLSA) and state (TCHRA, Texas Workers’ Compensation Act) laws prohibit adverse actions against employees who engage in protected activity—filing complaints, serving as witnesses, or requesting accommodations. Retaliation is one of the most frequent charges filed with the EEOC’s Houston District office, which covers Galveston County.

5. Failure to Accommodate Disabilities

Under the ADA and Texas Labor Code § 21.128, employers must engage in an interactive process to provide reasonable accommodations—modified schedules, ergonomic equipment, or leave—unless doing so poses an undue hardship.

Texas Legal Protections & Employment Laws

Minimum Wage & Overtime Rights

Texas has adopted the federal minimum wage under Texas Labor Code § 62.051. Non-exempt employees are entitled to overtime pay at 1.5 times their regular rate after 40 hours in a workweek. Common overtime pitfalls on Galveston Island include:

• Day-rate offshore workers—Paid the same daily rate regardless of hours. Unless a valid exemption applies, overtime is still due.

• Salaried misclassification—Being salaried alone does not create an exemption; duties tests under 29 C.F.R. Part 541 must be satisfied.

• Tip-pool violations—Restaurants using tip credits must meet FLSA notice requirements and cannot include managers in tip pools.

Statute of Limitations Cheat-Sheet

• EEOC/TWC discrimination charge: 180 days (300 days if dual-filed with EEOC) from the unlawful act.

• FLSA wage/overtime: 2 years (3 years willful).

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

• Sabine Pilot wrongful discharge: 2 years.

• FMLA interference/retaliation: 2 years (3 years willful) in federal court.

How to File a Discrimination Charge in Galveston

• Contact the EEOC—Houston District Office, 1919 Smith St., 6th Floor, Houston, TX 77002; (800) 669-4000. You may begin the intake process online.

• Or Contact the TWC Civil Rights Division—101 E. 15th St., Austin, TX 78778. Phone: (888) 452-4778. The TWC is a Fair Employment Practice Agency, meaning charges are dual-filed with the EEOC.

• File within 180 days of discrimination (300 days if initially filed with EEOC).

• Receive a Notice of Right to Sue. You generally have 60 days (state) or 90 days (federal) to file a lawsuit.

Texas Workforce Commission & Wage Claims

If your final paycheck never arrived after the end of a cruise-ship contract, you have 180 days to submit a Texas Payday Law claim through the Texas Workforce Commission. The TWC can enforce wage orders, impose penalties, and place liens on employers.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, schedules, emails, personnel policies, and any harassing messages. If you report unsafe conditions on an LNG dock, note the date, whom you reported to, and their response.

2. Review Employer Policies

Texas courts often treat handbooks as quasi-contracts if they contain specific disciplinary procedures. Follow the internal complaint channels—HR, ethics hotline, or union grievance—unless you fear immediate retaliation.

3. File Administrative Charges (If Required)

For discrimination, retaliation, and ADA cases, administrative exhaustion through the EEOC/TWC is mandatory before you can sue. Wage claims under FLSA may go straight to federal court but filing through the TWC Payday process is quicker for small amounts (<$10,000).

4. Calculate Deadlines

Use the statute-of-limitations chart above. Missing a deadline almost always defeats your claim.

5. Consult an Employment Lawyer Early

Many Galveston employment attorneys offer free consultations and work on contingency for wage or discrimination cases. Under 29 U.S.C. § 216(b) and Texas Labor Code § 21.259, prevailing plaintiffs can recover attorney’s fees, which encourages attorneys to take meritorious cases.

When to Seek Legal Help in Texas

You should promptly consult a qualified employment lawyer Galveston Texas when:

• You receive a Notice of Right to Sue.

• Your employer asks you to sign a severance agreement or arbitration clause. An attorney can negotiate better terms or advise whether to refuse.

• You suspect companywide wage theft where a collective action under 29 U.S.C. § 216(b) could multiply recovery.

• You were terminated after reporting OSHA safety violations on the port or offshore platforms.

• Your supervisor refuses a reasonable accommodation request.

Texas attorneys must be licensed by the State Bar of Texas and, to file federal claims in the Southern District of Texas (Galveston Division), must be admitted to that court’s bar. Verify licensure at State Bar of Texas Lawyer Directory.

Local Resources & Next Steps

Workforce Solutions Gulf Coast – Galveston Career Office 4700 Broadway St., Suite B-101, Galveston, TX 77551 • (409) 763-3287. Provides job-search help, wage claim forms, and unemployment assistance. Southern District of Texas, Galveston Division 601 Rosenberg, Room 411, Galveston, TX 77550. Venue for federal employment suits. UTMB Equal Opportunity Office 301 University Blvd., Galveston, TX 77555. Handles internal EEO complaints for UTMB employees. U.S. Equal Employment Opportunity Commission—Information on discrimination charges. Texas Workforce Commission—Wage claim forms, unemployment benefits, and civil rights resources.

Keep this phone list handy and act quickly—deadlines are unforgiving under Texas employment law.

Authoritative External Resources

Texas Labor Code Chapter 21 – Employment Discrimination U.S. Department of Labor – FLSA Overview EEOC – Title VII Full Text Texas Payday Law (Labor Code Chapter 61)

Legal Disclaimer

This guide provides general information for Galveston, Texas workers. It is not legal advice. Always consult a licensed Texas employment attorney about 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.