Employment Law Guide for Workers in Pasadena, Texas

Introduction: Why Pasadena Employees Need to Understand Texas Employment Law

Pasadena, Texas—home to more than 150,000 residents and part of the energy-dominated Houston Ship Channel corridor—hosts a diverse workforce employed by petrochemical plants, refineries, healthcare systems, and growing technology firms. Whether you work for a long-standing employer like LyondellBasell’s Bayport plant, a small machine shop on Red Bluff Road, or a medical office near Strawberry Park, knowing your Pasadena workplace rights is critical. Texas follows an at-will employment doctrine, meaning employers may terminate an employee for any reason—or no reason—unless that reason violates state or federal law. Because misunderstandings about “at-will” abound, employees often believe they have no recourse after facing discrimination, unpaid overtime, or retaliation. That assumption is incorrect. Several statutes—most notably Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), and Chapter 21 of the Texas Labor Code (frequently called the Texas Commission on Human Rights Act)—protect Pasadena workers.

This comprehensive guide, slightly tilted toward employee protection while remaining strictly factual, explains key provisions of Texas employment law, outlines common workplace violations, details complaint procedures with the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission Civil Rights Division (TWCCRD), and highlights local resources available to workers in Pasadena. Every statement in this article is grounded in authoritative legal sources, including the Texas Labor Code, relevant federal statutes, and published opinions from Texas and Fifth Circuit courts.

Understanding Your Employment Rights in Texas

At-Will Employment and Its Exceptions

Texas is an at-will state. Under common-law doctrine reaffirmed in East Line & R.R.R. Co. v. Scott, 72 Tex. 70 (1888), either the employer or employee may end the working relationship at any time, with or without notice, for any lawful reason. However, at-will status does not allow employers to fire workers for reasons that violate:

• Federal civil rights laws—such as race or sex discrimination prohibited by Title VII (42 U.S.C. §2000e).

• Texas Labor Code Chapter 21—which mirrors Title VII protections but also recognizes discrimination based on age (40+), disability, or national origin.

• Public policy exceptions—e.g., retaliation for filing a workers’ compensation claim (Sabine Pilot Service v. Hauck, 687 S.W.2d 733, Tex. 1985).

• Contract exceptions—if a collective bargaining agreement or individual employment contract limits termination, the employer must honor it.

Key Rights Under Federal and Texas Statutes

• Anti-Discrimination: Title VII and Texas Labor Code §21.051 forbid employment decisions motivated by race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 140 S. Ct. 1731 (2020)), national origin, or age (40+).

• Wage and Hour Protections: The FLSA (29 U.S.C. §201 et seq.) mandates a federal minimum wage of $7.25 and overtime at 1½ times the regular rate for hours over 40 per week, unless an exemption applies.

• Equal Pay: The Equal Pay Act of 1963 requires equal wages for substantially equal work performed by men and women in the same establishment.

• Disability Accommodation: The ADA (42 U.S.C. §12101 et seq.) and Texas Labor Code Chapter 21 require reasonable workplace accommodations for qualified employees with disabilities unless doing so creates an undue hardship.

• Military Service: The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the armed forces from discrimination and guarantees reemployment after military leave.

• Retaliation Protections: Both Title VII (§704) and Texas Labor Code §21.055 prohibit retaliation for opposing unlawful practices or participating in an investigation or lawsuit.

Statutes of Limitations

• Discrimination (Texas Labor Code Chapter 21): File with TWCCRD within 180 days of the discriminatory act. (Tex. Labor Code §21.202)

• Title VII Discrimination (dual filing with EEOC): Texas is a deferral state, so workers have 300 days from the unlawful act to file with the EEOC (29 C.F.R. §1601.13).

• FLSA Wage Claims: Two-year statute of limitations; extended to three years for willful violations (29 U.S.C. §255(a)).

• Texas Payday Law Claims: File wage claims with the Texas Workforce Commission within 180 days of the date wages were due (Tex. Labor Code §61.051).

• Workers’ Compensation Retaliation: Two years from the date of discharge (City of La Porte v. Barfield, 898 S.W.2d 288, 292 (Tex. 1995)).

Common Employment Law Violations in Texas

Discrimination and Harassment

Despite statutory protections, discrimination remains a leading complaint in the Houston–The Woodlands–Sugar Land MSA, which includes Pasadena. EEOC charge statistics for Texas show thousands of filings annually, with race, sex, and disability among the most common bases. In 2023, the EEOC obtained a $225,000 settlement against a Houston-area chemical manufacturer for disability discrimination, reflecting the agency’s commitment to enforcing ADA rights.

Wrongful Termination

Because of at-will employment, employees often believe termination is always legal. However, firing a worker for reporting safety violations at a Pasadena refinery may violate federal whistleblower statutes like the Occupational Safety and Health Act, or the Sabine Pilot public-policy exception if the worker refused to perform an illegal act. Termination motivated by discrimination or retaliation is also unlawful.

Wage and Hour Violations

• Unpaid Overtime: Oilfield service companies sometimes classify field engineers as “exempt” when job duties do not meet the bona fide executive, administrative, or professional tests under 29 C.F.R. Part 541.

• Tip Pooling Abuses: Restaurant employers on Spencer Highway have been cited by the U.S. Department of Labor (DOL) for unlawfully sharing tips with managers, violating 29 U.S.C. §203(m).

• Misclassification of Independent Contractors: Contract welders at Pasadena yards may be labeled independent contractors, denying them minimum-wage and overtime protections. Courts apply the “economic realities” test (see Hopkins v. Cornerstone America, 545 F.3d 338 (5th Cir. 2008)).

Retaliation

Retaliation is now the most frequently cited basis in EEOC filings nationwide. Under Title VII §704(a) and Texas Labor Code §21.055, an employer cannot demote, discipline, or otherwise punish an employee for filing a charge, participating in an investigation, or complaining about discrimination.

Texas Legal Protections & Employment Laws

Texas Labor Code Chapter 21 (Texas Commission on Human Rights Act)

Texas Labor Code Chapter 21 mirrors Title VII and extends protections to employers with 15 or more employees (for disability discrimination, only 15 needed; for age, 20 employees). It provides for back pay, front pay, reinstatement, compensatory damages, and, in some cases, punitive damages (Tex. Labor Code §21.2585). Compensatory and punitive damages are capped based on employer size (Tex. Lab. Code §21.2585(d)).

Texas Payday Law

The Texas Payday Law (Tex. Labor Code Chapter 61) applies to almost every private employer in Texas. Employees must file a wage claim with the Texas Workforce Commission within 180 days of the date the wages were due. The TWC can issue binding wage determinations and collect wages through administrative liens.

Workers’ Compensation Retaliation (Tex. Lab. Code §451.001)

Texas employers cannot discharge or discriminate against employees for filing a workers’ compensation claim. Unlike typical personal injury claims, §451.001 suits are filed in state district court, and employees may recover exemplary damages if the employer acted with malice.

Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for qualifying events. Covered employers must have 50+ employees within 75 miles. Pasadena employees frequently use FMLA leave for serious health conditions, pregnancy, or to care for family members.

Occupational Safety and Health

The Occupational Safety and Health Act (OSHA) requires employers to provide a workplace free from recognized hazards. Through the OSHA Houston South Area Office (located 11 miles from Pasadena), workers can file safety complaints online or by phone. Retaliation for raising safety concerns is unlawful under Section 11(c).

Steps to Take After Workplace Violations

Document Everything Maintain a contemporaneous log of discriminatory comments, unpaid hours, or retaliatory actions. Save emails, timecards, and performance reviews. Review Company Policies Most Pasadena employers maintain anti-harassment or grievance procedures in employee handbooks. Follow internal steps when feasible; this can strengthen your case and may be required under the Ellerth/Faragher defense to harassment claims. File Timely Administrative Charges If discrimination or retaliation occurred, file a Charge of Discrimination with the EEOC or TWCCRD within the deadlines discussed above. Filing with one usually cross-files with the other. Send a Wage Demand Letter Under the Texas Payday Law or FLSA, a written demand for unpaid wages or overtime can sometimes prompt swift payment and toll limitations periods. Contact an Experienced Employment Lawyer An employment lawyer Pasadena Texas residents trust can evaluate facts, calculate damages, and meet procedural requirements. Attorneys licensed by the State Bar of Texas must satisfy annual MCLE (Minimum Continuing Legal Education) and ethical standards governed by the Texas Disciplinary Rules of Professional Conduct. Consider Mediation The EEOC offers mediation at no cost. Private mediation is common in Houston federal court under S.D. Tex. Local Rule 16.4.

When to Seek Legal Help in Texas

Some employment disputes can be resolved internally, but others demand immediate legal intervention:

• Catastrophic wage loss: Unpaid overtime over several years can amount to tens of thousands of dollars, especially for refinery shift workers clocking 60-hour weeks.

• Imminent deadlines: Missing the EEOC’s 300-day or TWCCRD’s 180-day deadline can bar discrimination claims entirely.

• Separation agreements: Employers often offer severance packages contingent on waiving rights. An attorney can ensure the waiver complies with the Older Workers Benefit Protection Act (OWBPA) and secure better terms.

• Retaliation or threats: Prompt legal action may prevent further misconduct and preserve evidence.

Choosing the Right Lawyer

Verify that any attorney is licensed in Texas through the State Bar’s public lookup. Look for board certification in Labor and Employment Law, trial experience in Harris County courts, and familiarity with the Southern District of Texas federal docket.

Local Resources & Next Steps

Texas Workforce Commission — File unemployment claims, wage claims, or discrimination charges with the Civil Rights Division. U.S. Equal Employment Opportunity Commission — Houston District Office, 1919 Smith St., Suite 600, Houston, TX 77002. OSHA — Houston South Area Office, 17625 El Camino Real, Suite 400, Houston, TX 77058. Texas Judicial Branch Case Search — Review employment case dockets filed in Harris County and statewide. State Bar of Texas Lawyer Referral & Information Service — Obtain referrals to licensed employment attorneys.

Legal Disclaimer: This guide provides general information for Pasadena, Texas workers. It is not legal advice and does not create an attorney-client relationship. Laws change, and application varies by circumstance. Consult a qualified Texas employment attorney for advice 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.