Employment Law Guide for Workers in Longview, Texas

Introduction: Why Longview Workers Need to Understand Employment Law

Longview, Texas sits at the crossroads of Gregg and Harrison counties and anchors the state’s Piney Woods region. Home to roughly 82,000 residents, the local economy blends traditional oil-and-gas services, advanced manufacturing, health care, and a growing logistics sector tied to Interstate 20 and East Texas rail lines. Corporate employers such as Eastman Chemical, Komatsu Mining, Trinity Rail, and CHRISTUS Good Shepherd Health System collectively employ thousands. Whether you clock in at a chemical plant on FM 349, staff a downtown medical office, or telecommute for a tech company headquartered in Dallas, you are protected by both federal and Texas employment statutes.

Yet employees often learn about their rights only after a violation—an unpaid overtime check, a demotion following pregnancy disclosure, or a sudden termination for refusing to perform an unsafe task. This guide—written for workers searching for an "employment lawyer Longview Texas"—explains the fundamentals of Texas and federal workplace law, focusing on practical steps and deadlines. While Texas is an "at-will" state, it does not give employers a free pass to discriminate, retaliate, or withhold wages. Armed with reliable information, Longview employees can act quickly to preserve their claims and, when necessary, partner with experienced counsel to level the playing field.

Understanding Your Employment Rights in Texas

1. Texas’s At-Will Employment Doctrine—and Its Limits

Under Texas common law, an employer may generally terminate an employee for any reason or no reason at all. However, the doctrine has important statutory and public-policy exceptions:

• Discrimination and retaliation prohibitions—Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Texas Labor Code Chapter 21 (Texas Commission on Human Rights Act) bar adverse actions based on protected traits such as race, sex (including pregnancy and LGBTQ+ status), national origin, religion, age (40+), disability, or opposition to unlawful practices.

• Public-policy discharge—Texas courts recognize a narrow exception that forbids termination for refusing to commit an illegal act (Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 [Tex. 1985]).

• Statutory retaliation protections—Examples include the anti-retaliation provisions of the Fair Labor Standards Act (FLSA) and Occupational Safety and Health Act (OSHA), and Texas’s workers’ compensation anti-retaliation statute (Texas Labor Code § 451).

2. Wage and Hour Basics

Minimum wage and overtime in Texas are governed by the FLSA (29 U.S.C. § 201 et seq.). Key points:

• Federal minimum wage: $7.25 per hour (Texas has not adopted a higher state minimum).

• Overtime: Non-exempt employees must receive 1.5× their regular rate for hours worked over 40 in a workweek.

• Tip credit: Employers may pay as little as $2.13/hour to tipped employees if tips make up the difference.

• Texas Payday Act (Texas Labor Code Chapter 61) ensures timely payment of earned wages and commissions.

3. Leave, Benefits, and Workplace Safety

• Family and Medical Leave Act (FMLA): Up to 12 weeks of unpaid, job-protected leave for eligible employees of covered employers.

• Pregnancy accommodations under the Pregnancy Discrimination Act and, effective June 2023, the Pregnant Workers Fairness Act.

• COVID-19 and health emergencies: While no permanent Texas-specific statute exists, OSHA still requires employers to provide a workplace “free from recognized hazards.”

• Texas Workers’ Compensation: Employers may opt out, but most large Longview employers carry coverage; retaliation for filing a claim is illegal.

Common Employment Law Violations in Texas

Below are patterns the Texas Workforce Commission (TWC) and Equal Employment Opportunity Commission (EEOC) frequently see in complaints filed from Gregg, Harrison, and neighboring counties.

1. Unpaid Overtime and Off-the-Clock Work

In industries with swinging shift schedules, such as Longview’s petrochemical plants, employees report being required to attend pre-shift safety meetings without compensation. Under the FLSA, all time spent for the employer’s benefit is compensable. Employers may not budget around overtime duties by paying “straight time.”

2. Misclassification of Employees as Independent Contractors

Oil-field consultants and warehouse drivers are sometimes labeled 1099 contractors to avoid payroll taxes. The Department of Labor’s economic-realities test looks at control, opportunity for profit/loss, and integration into the business. A misclassified worker may recover back overtime plus double damages (liquidated) for willful violations.

3. Pregnancy and Caregiver Discrimination

According to EEOC data, Texas ranks high for pregnancy-related charges. Examples include reassigning expecting nurses to lower-pay positions or denying breakroom access to express milk, in violation of Title VII and the Providing Urgent Maternal Protections (PUMP) Act.

4. Retaliation After Safety Complaints

Employees reporting unsafe rig maintenance or chemical leaks may face termination. Retaliation for raising OSHA concerns violates Section 11(c) of OSHA and Texas public policy.

5. Wrongful Termination for Whistleblowing

Sabine Pilot claims arise when employees refuse to violate environmental regulations or falsify logbooks. While narrow, damages may include lost wages and mental-anguish damages.

Texas Legal Protections & Key Employment Laws

The overlapping patchwork of federal and state laws can be confusing. Below is a snapshot of the most frequently invoked statutes:

• Title VII of the Civil Rights Act (1964)—prohibits discrimination and retaliation based on race, color, religion, sex, and national origin (42 U.S.C. § 2000e).

• Texas Commission on Human Rights Act (TCHRA)—mirrors Title VII and extends protections to employers with ≥15 employees (Texas Labor Code §§ 21.001–21.556).

• Fair Labor Standards Act (FLSA)—sets minimum wage, overtime, and record-keeping rules.

• Age Discrimination in Employment Act (ADEA)—protects workers 40 and older.

• Americans with Disabilities Act (ADA) and Texas Labor Code Chapter 21, Subchapter B—require reasonable accommodations for qualified employees.

• Texas Payday Act—enforced by TWC; covers final paychecks, commissions, and bonus payments.

• Workers’ Compensation Anti-Retaliation (Texas Labor Code § 451.001).

Statutes of Limitations You Cannot Miss

• EEOC/TWC Discrimination Charge: 300 days under federal law when a state agency has work-sharing; however, Texas Labor Code § 21.202 sets a 180-day deadline to file with TWC. Best practice: file within 180 days from the “last adverse act.”

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

Texas Payday Act: 180 days from the date wages were due (Texas Workforce Commission—Payday Law).

• Workers’ Compensation Retaliation: 2 years from the adverse action (Texas Labor Code § 451.003).

• Sabine Pilot wrongful discharge: 2 years under Texas’s personal-injury statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003).

Steps to Take After Workplace Violations

1. Document Everything

Maintain contemporaneous notes and gather:

• Timecards, pay stubs, or electronic clock-in records (screen captures).

• Emails, text messages, or Slack logs referencing discriminatory remarks or unpaid hours.

• Witness lists with contact information.

• Copies of employee handbooks or policy manuals.

2. Use Internal Complaint Channels

Texas courts often require proof that the employee attempted to utilize the employer’s grievance or “open door” policy. File a written complaint (email is acceptable) with HR or your supervisor and request confirmation of receipt.

3. File Administrative Charges Timely

To preserve discrimination claims, you must file a charge with either the EEOC or the Texas Workforce Commission Civil Rights Division. Because the agencies share jurisdiction, filing with one satisfies both if properly dual-filed. Longview residents can:

Begin an online intake at the EEOC’s Public Portal.

• Call the EEOC Dallas District Office (which covers East Texas) at 1-800-669-4000.

• Mail or fax a completed TWC CRD Employment Discrimination Complaint Form to Austin.

4. Preserve Wage Claims

File a wage claim with TWC (How to Submit a Wage Claim) within 180 days. Alternatively, you may go straight to federal court under the FLSA without first exhausting administrative remedies.

5. Be Mindful of Retaliation

Any adverse action after complaining—termination, reduced hours, or negative evaluations—may constitute retaliation. Document each incident and update your charge if necessary.

When to Seek Legal Help in Texas

While self-representation is legally possible, employment litigation involves tight deadlines, technical procedures, and complex damages calculations. Consider consulting counsel if:

• You are nearing the 180-day limit for discrimination claims.

• The employer is represented by sophisticated in-house or outside counsel.

• You suffered significant back-pay losses (e.g., termination) and wish to pursue front-pay or reinstatement.

• Your case involves overlapping statutes—such as disability discrimination and FMLA interference—requiring strategic sequencing of administrative and court filings.

• You signed an arbitration agreement. Recent U.S. Supreme Court precedent enforces most employment arbitration clauses (Epic Systems v. Lewis, 584 U.S. ___ [2018]), but a lawyer can evaluate unconscionability or PAGA-like carve-outs.

Attorney Licensing in Texas

Only attorneys licensed by the State Bar of Texas may give legal advice regarding Texas law. Out-of-state lawyers must seek pro hac vice admission and associate with Texas counsel for litigation in state court.

Local Resources & Next Steps for Longview Workers

TWC Workforce Solutions East Texas—Longview Office 4100 Turtle Creek Dr., Longview, TX 75605 • (903) 758-1783 Longview OSHA Area Office (Tyler) 330 S. Beckham Ave., Tyler, TX 75702 • (903) 597-7180 EEOC Dallas District Office 207 S. Houston St., Suite 600, Dallas, TX 75202 • Serves Gregg & Harrison Counties Gregg County Law Library 101 E. Methvin St., Longview, TX 75601 • Open to the public for legal research. Legal Aid of Northwest Texas—Longview Branch (800) 866-0821 • Limited free civil legal services for qualifying low-income residents.

Practical Checklist

• Write down the date of the last discriminatory or unpaid-wage incident.

• Gather documents and witness names.

• Confirm internal complaint submission (copy yourself).

• Calendar the 180-day deadline for TWC/EEOC or Texas Payday claims.

• Schedule a consultation with a qualified "employment lawyer Longview Texas" to evaluate litigation options.

Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Employment law is fact-specific, and deadlines are strictly enforced. Consult a licensed Texas attorney regarding your individual 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.