Employment Law Guide for Workers in New Braunfels, Texas

Introduction

New Braunfels, Texas sits at the I-35 corridor between San Antonio and Austin and is home to a fast-growing workforce employed by companies such as Rush Enterprises, Schlitterbahn Waterpark & Resort, Continental Automotive, and CHRISTUS Santa Rosa Hospital. Whether you work in tourism, manufacturing, healthcare, or the booming logistics sector, understanding your New Braunfels workplace rights is crucial if you want to protect your livelihood and your family’s financial security.

Texas is an at-will employment state, which means that—unless you have a contract—your employer may terminate you at any time for almost any reason. But “almost” does not mean “any.” Federal statutes like Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and the Americans with Disabilities Act (ADA), as well as state laws like the Texas Labor Code and Texas Commission on Human Rights Act (TCHRA), put real limits on employer conduct. This guide, written with a slight bias toward employees, explains those limits, outlines common violations, and gives New Braunfels workers practical next steps.

Understanding Your Employment Rights in Texas

1. At-Will Employment and Its Exceptions

• General Rule: Under Texas common law, employment is presumed at will. Employers can fire or discipline for any lawful reason or no reason.

• Public Policy Exceptions: Texas courts recognize limited exceptions—an employer may not fire an employee for refusing to perform an illegal act (Sabine Pilot Service v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Statutory Exceptions: Anti-discrimination laws, wage statutes, workers’ compensation retaliation protections, and whistleblower statutes curb at-will power.

2. Key Federal & State Statutes Protecting Employees

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

• Texas Commission on Human Rights Act (Tex. Lab. Code §§ 21.001–21.556) – Mirrors Title VII but also covers employers with 15+ employees in Texas state claims.

• Fair Labor Standards Act (29 U.S.C. § 201 et seq.) – Sets federal minimum wage, overtime, and child labor rules.

• Texas Payday Law (Tex. Lab. Code ch. 61) – Requires timely payment of wages and commissions.

• Family and Medical Leave Act (29 U.S.C. § 2601) – Provides up to 12 weeks of job-protected unpaid leave for qualifying employees.

• Workers’ Compensation Retaliation (Tex. Lab. Code § 451.001) – Makes it unlawful to discharge or discriminate against an employee for filing a workers’ comp claim.

3. Statutes of Limitations You Must Know

• EEOC/TWC Discrimination Charge: 300 days from the discriminatory act if filed with EEOC in a deferral state like Texas; 180 days if filed only with the Texas Workforce Commission Civil Rights Division.

• FLSA Wage Claims: 2 years (3 years for willful violations) from the last unpaid wage.

• Texas Payday Law: 180 days after wages were due.

• Workers’ Comp Retaliation: 2 years from the adverse employment action; notice of intent to sue is not required.

• Sabine Pilot Wrongful Termination: 2 years under Texas Civil Practice & Remedies Code § 16.003.

Common Employment Law Violations in Texas

1. Wage and Hour Abuse

In Comal County’s service and hospitality sectors, employers sometimes misclassify hourly staff as “exempt managers” to avoid overtime. Under the FLSA, job duties—not titles—decide exemption. If you work more than 40 hours a week and are paid a salary under the Department of Labor’s salary threshold ($684 per week as of 2024) but perform primarily non-managerial tasks, you could be owed time-and-a-half pay.

2. Discrimination and Harassment

Discrimination claims in New Braunfels often involve pregnancy, disability, and age (40+) in industries with physically demanding roles such as distribution warehouses. Both Title VII and TCHRA prohibit hostile work environments and tangible employment actions (e.g., demotion, reduced hours) driven by protected characteristics.

3. Retaliation

Retaliation is the most frequent allegation in EEOC charges nationwide. Texas Labor Code § 21.055 and 42 U.S.C. § 2000e-3 protect workers who engage in protected activity—such as complaining about discrimination—from reprisals.

4. Illegal Deductions & Final Paychecks

Texas Payday Law forbids any deduction from wages unless the worker authorizes it in writing or it is otherwise allowed by law. You must receive your final pay within six calendar days if discharged, or on the next regularly scheduled payday if you quit.

5. Wrongful Termination for Refusing Illegal Acts

If, for instance, a trucking dispatcher in New Braunfels is fired for refusing to falsify Department of Transportation driver logs, Sabine Pilot gives that employee a tort claim against the employer.

Texas Legal Protections & Employment Laws

1. Minimum Wage and Overtime Rules

Texas adopts the federal minimum wage ($7.25). The U.S. Department of Labor Wage and Hour Division enforces federal wage law, while the Texas Workforce Commission (TWC) handles state-level wage claims under Chapter 62 and Chapter 61 of the Texas Labor Code. Non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek.

2. Discrimination Protections Under TCHRA

The Texas Commission on Human Rights Act extends anti-discrimination coverage to Texas employers with at least 15 employees in the current or preceding calendar year. Remedies include back pay, compensatory damages, and attorney’s fees, mirroring Title VII caps found at 42 U.S.C. § 1981a.

3. Disability Accommodations

Both the ADA (42 U.S.C. § 12112) and Texas Labor Code § 21.128 require reasonable accommodations unless they cause undue hardship. Examples: modified work schedules for city employees, sit-stand workstations for manufacturing workers at Continental Automotive, or leave extensions beyond FMLA if not an undue burden.

4. Whistleblower and Retaliation Statutes

• Texas Whistleblower Act (Gov’t Code § 554) – Applies mainly to public-sector employees who report law violations.

• Dodd-Frank SEC violations – Provides private-sector remedies for securities fraud whistleblowers, relevant if you work for a publicly traded corporation in the area.

5. Occupational Safety

Workers can complain to OSHA within 30 days of retaliation for reporting safety concerns. With the Guadalupe River’s seasonal construction and flood-control projects, proper OSHA fall-protection standards are crucial.

Steps to Take After Workplace Violations

• Document Everything – Keep pay stubs, emails, text messages, schedules, and witness names. In Texas, you may record conversations if you are a party to them (one-party consent).

• Internal Complaint – Follow your employer’s handbook procedures for HR grievances. Exhaustion of internal remedies can help later in court.

• File an EEOC/TWC Charge – Submit a sworn charge of discrimination within the deadlines. The TWC Civil Rights Division shares work-sharing agreements with the EEOC, so dual-filing preserves both federal and state rights.

• Pursue Wage Claims – For unpaid wages under $10,000, you may file a Wage Claim with TWC within 180 days. Larger claims usually require a lawsuit under FLSA.

• Consult an Employment Lawyer New Braunfels Texas – An attorney can evaluate claims, determine damages, and meet statute deadlines.

When to Seek Legal Help in Texas

If you face termination, demotion, or threats shortly after engaging in protected activity—such as requesting overtime pay or reporting discrimination—consulting counsel quickly is critical. A licensed Texas employment lawyer can:

• Draft and file EEOC charges, ensuring every viable legal theory is preserved.

• Send demand letters under Texas Labor Code Chapter 61 to compel final pay, accelerating penalties of up to $1,000 plus attorney’s fees.

• Negotiate severance agreements that waive claims only for fair compensation.

• Represent you in U.S. District Courts for the Western District of Texas, San Antonio Division—covering New Braunfels—and in Comal County courts.

Under Texas law, attorneys must be licensed by the State Bar of Texas. You can verify licensing and disciplinary history through the State Bar of Texas attorney lookup.

Local Resources & Next Steps

Workforce Solutions Alamo – New Braunfels Career Center 183 IH-35 South, Ste. 100, New Braunfels, TX 78130 – Provides job placement and hosts TWC information sessions. EEOC San Antonio Field Office 5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229. Serves Comal County for federal discrimination claims. Comal County District Courts 199 Main Plaza, New Braunfels, TX 78130 – Venue for many state-law employment claims over $250,000.

• Legal Aid Services – Texas RioGrande Legal Aid (TRLA) provides limited employment representation to eligible low-income workers.

• Occupational Safety & Health Administration – Austin Area Office – Handles safety complaints in the New Braunfels region.

Authoritative References

Texas Labor Code Online EEOC Charge Filing Procedures Texas Workforce Commission Wage Claim Guide

Legal Disclaimer

This information is for educational purposes only and does not constitute legal advice. Laws change, and each case is unique. Always consult a licensed Texas employment attorney concerning your specific 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.