Employment Law Guide for Workers in Midland, Texas

Introduction: Why Employment Law Matters in Midland, Texas

Midland, Texas—the heart of the Permian Basin—has long been synonymous with the oil and gas sector. Energy jobs, however, are only part of the regional economy. Healthcare, logistics, agriculture, and a growing tech services corridor all contribute to a dynamic labor market that employs more than 86,000 residents in Midland County according to the Texas Workforce Commission (TWC). Whether you are a roughneck on a drilling rig, a nurse at Midland Memorial Hospital, or an IT specialist supporting well-head data analytics, federal and state laws give you enforceable workplace rights. Understanding those rights—and the time limits to assert them—can make the difference between lost wages and real accountability.

This comprehensive guide slightly favors employees while remaining strictly factual. It draws on authoritative sources including the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, and court decisions from the U.S. District Court for the Western District of Texas. It also walks Midland workers through complaint procedures at the Equal Employment Opportunity Commission (EEOC) and the TWC’s Civil Rights Division so you can protect yourself if your employer crosses the line.

Understanding Your Employment Rights in Texas

Texas At-Will Employment—The Baseline Rule

Texas is an at-will employment state. Under County of Dallas v. Wiland, 216 S.W.3d 344 (Tex. 2007), an employer may terminate or discipline a worker for any lawful reason—or no reason—unless a statutory or contractual exception applies. Key exceptions include:

• Statutory protections such as Texas Labor Code Chapter 21 (discrimination) and Chapter 451 (workers’ compensation retaliation).

• Public policy torts recognized by the Texas Supreme Court, e.g., refusing to commit an illegal act (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Written contracts or collective-bargaining agreements.

Core Federal Protections That Apply in Midland

• Title VII of the Civil Rights Act: Prohibits workplace discrimination based on race, color, religion, sex (including pregnancy and LGBTQ+ status), or national origin for employers with 15+ employees.

• Fair Labor Standards Act (FLSA): Guarantees at least $7.25/hour federal minimum wage, overtime pay (1.5×) after 40 hours in a workweek, and restricts child labor.

• Americans with Disabilities Act (ADA): Requires reasonable accommodations for qualified workers with disabilities.

• Family and Medical Leave Act (FMLA): Up to 12 unpaid, job-protected weeks of leave for certain medical or family reasons for eligible employees at companies with 50+ workers.

State-Specific Protections Under the Texas Labor Code

• Texas Commission on Human Rights Act (TCHRA), Texas Labor Code §§ 21.001–21.556: Mirrors Title VII but allows suits in state court and applies identical protected classes.

• Chapter 61 Wage Claims Act: Enables workers to file wage claims with the TWC for unpaid wages or commissions under $20,000 (or any amount if the claim is based on a written agreement).

• Chapter 451 Retaliation: Bars termination or discrimination for filing a workers’ compensation claim.

Common Employment Law Violations in Texas

1. Unpaid Overtime and Misclassification

Employers in Midland’s oilfields frequently pay a “day rate” or label pumpers as independent contractors to avoid overtime. Under the FLSA and recent Fifth Circuit precedents (Hobbs v. Petroplex Pipe and Construction, Inc., 946 F.3d 824 (5th Cir. 2020)), day-rate employees are still non-exempt unless they meet salary-basis and duties tests.

2. Discrimination Based on Sex or Race

Title VII and Texas Labor Code Chapter 21 bar harassment and discriminatory pay practices. In Weatherly v. Pershing LLC, SA-20-CV-00107 (W.D. Tex. 2021), the court refused to dismiss a Latina employee’s race discrimination claim, confirming that West Texas juries may hear similar cases.

3. Retaliation Against Whistleblowers

Employees who report safety violations to the Occupational Safety and Health Administration (OSHA) or refuse to transport hazardous waste improperly are protected under Sabine Pilot and federal statutes. Retaliatory termination can lead to reinstatement, lost wages, and punitive damages.

4. Workplace Sexual Harassment

The #MeToo movement reached Midland through multi-plaintiff lawsuits against service companies alleging hostile rig site environments. Under Bostock v. Clayton County, 140 S. Ct. 1731 (2020), harassment based on sexual orientation or gender identity also violates Title VII.

5. Unlawful Non-Compete Agreements

Texas Business & Commerce Code § 15.50 requires non-compete covenants to be reasonable in scope, geography, and duration. Overly broad clauses that prevent a fracking engineer from working anywhere in the Permian Basin for two years may be unenforceable.

Texas Legal Protections & Employment Laws

Discrimination: Procedures and Remedies

Administrative Exhaustion: Before suing for discrimination, you must file a Charge of Discrimination with either the EEOC or the TWC Civil Rights Division within 180 days of the adverse action (Texas Labor Code § 21.202). Because Texas is a deferral state, the EEOC extends the federal limit to 300 days, but filing with the TWC preserves both state and federal rights.

Relief: Successful plaintiffs can obtain back pay, front pay, reinstatement, compensatory damages for emotional distress, and—if the employer acted with malice—punitive damages (subject to statutory caps in § 21.2585).

Wage & Hour: Statute of Limitations Under FLSA

Employees must file suit within 2 years of a violation, or 3 years if the employer’s violation was willful (29 U.S.C. § 255(a)). The FLSA allows recovery of unpaid overtime plus an equal amount in liquidated damages, effectively doubling the claim.

Workers’ Compensation Retaliation

Texas Labor Code § 451.003 provides a private cause of action if an employee is fired for filing a workers’ comp claim. You have 2 years to sue in state district court, and remedies include reinstatement and exemplary damages.

Military and Jury Duty Protections

Uniformed Services Employment and Reemployment Rights Act (USERRA) protects returning service members. Texas Labor Code Chapter 23 echoes USERRA protections and permits suit in state court for Midland-based Guard members deployed overseas.

Attorney Licensing in Texas

Only attorneys licensed by the State Bar of Texas may provide legal representation. Employment law specialists may earn board certification through the Texas Board of Legal Specialization, a credential indicating substantial experience.

Steps to Take After Workplace Violations

1. Document Everything Immediately

Keep emails, texts, pay stubs, and witness names. Texas and federal courts accept digital screenshots, but authenticity is critical. Contemporaneous notes—dated and signed—carry weight.

2. Use Internal Complaint Procedures

Many Midland energy companies and hospital systems have anti-harassment policies. Reporting internally can preserve claims and may be required under the Ellerth/Faragher defense framework in discrimination cases.

3. File Timely with the TWC or EEOC

• Submit an Intake Questionnaire online or at the EEOC’s El Paso Area Office (covering Midland) within 180 days.

• The agency dual-files with its counterpart, preserving both state and federal claims.

• Request a Notice of Right to Sue if you wish to proceed to court. You have 60 days (state) or 90 days (federal) from receipt to file suit.

4. Consider a TWC Wage Claim

For unpaid wages not exceeding $20,000, file a wage claim with the TWC within 180 days of when wages were due (Texas Labor Code § 61.051). This administrative route is quicker and less costly than federal litigation.

5. Preserve Electronic Evidence

Under the 2015 amendments to the Federal Rules of Civil Procedure, parties may face sanctions for spoliation. Back up emails and hard drives before returning company devices.

When to Seek Legal Help in Texas

Red Flags You Should Not Ignore

• You are asked to sign a severance agreement that waives FLSA or discrimination claims without additional compensation.

• Your boss threatens termination for reporting safety hazards at a drilling site near Gardendale.

• You receive a cut in hours after announcing pregnancy.

• Your employer deducts the cost of damaged equipment from your paycheck without written authorization (possible Texas Payday Law violation).

Benefits of Hiring an Employment Lawyer in Midland

An employment lawyer midland texas can: investigate records through pre-suit subpoenas, calculate economic damages, navigate overlapping state and federal deadlines, and negotiate settlements tailored to regional industries. Many attorneys offer contingency-fee arrangements, meaning no upfront costs.

How to Choose the Right Attorney

Verify licensing on the State Bar of Texas website.

• Check disciplinary history.

• Ask about trial experience in the Western District of Texas, Midland Division.

• Seek board certification in Labor & Employment Law if possible.

Local Resources & Next Steps

Government Agencies Serving Midland Workers

Texas Workforce Commission – Midland Workforce Center, 3600 N. Garfield St., Suite A, Midland, TX 79705. Offers job services and wage claim assistance. EEOC El Paso Area Office, 300 East Main, Suite 500, El Paso, TX 79901. Handles discrimination charges for Midland County. OSHA Lubbock Area Office, 1205 Texas Avenue, Suite 419, Lubbock, TX 79401. Safety complaints for oilfield and construction workers.

Where Midland Cases Are Filed

Federal discrimination and wage suits from Midland are usually filed in the U.S. District Court for the Western District of Texas, Midland Division, 200 E. Wall St., Midland, TX 79701. State claims may proceed in the 441st District Court of Midland County at the county courthouse.

Statutes of Limitations Recap

• Title VII/TCHRA: 180 days to file administrative charge; 60 (state) or 90 (federal) days after Right-to-Sue to file suit.

• FLSA: 2 years (standard) / 3 years (willful).

• Texas Workers’ Comp Retaliation: 2 years.

• Sabine Pilot wrongful discharge: 2 years from termination.

• Equal Pay Act: 2 years / 3 years (willful).

Practical Next Steps

Review your personnel file (Texas Labor Code § 52.031 gives public employees a right; private sector access depends on company policy). Collect pay records. Meet with a licensed attorney within days of learning about discrimination or unpaid wages to avoid missing critical deadlines.

External Authoritative Links

Texas Labor Code Chapter 21 – Discrimination U.S. Department of Labor – FLSA Overview Equal Employment Opportunity Commission Texas Workforce Commission – Employee Rights

Legal Disclaimer

This guide provides general information only. It is not legal advice. Laws change and each case is unique. Consult a licensed Texas employment attorney for advice on 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.