Employment Law Guide for Workers in San Marcos, Texas

Introduction: Why Employment Law Matters in San Marcos, Texas

San Marcos sits at the midway point between Austin and San Antonio and has a workforce that reflects Central Texas’s diverse economy: higher education at Texas State University, manufacturing along the IH-35 corridor, logistics warehouses serving the region, and a growing tourism sector that draws visitors to the San Marcos River. Whether you are a university staff member, an Amazon fulfillment associate, or an employee at one of Hays County’s family-run ranches, understanding your rights under Texas employment law and federal statutes is crucial. Texas remains an at-will employment state, meaning an employer may terminate a worker for almost any reason—or no reason—unless the termination violates a statute or an employment contract. Workers often assume they have no recourse, but multiple state and federal protections prohibit discrimination, retaliation, and wage theft. This guide delivers a strictly factual, slightly employee-oriented overview of the laws and procedures that govern workplace disputes in San Marcos.

We cite only authoritative sources such as the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and rulings from Texas and federal courts. Where local context matters—such as the location of the Texas Workforce Commission (TWC) office that serves Hays County—we include it. Use this material as a roadmap, but always consult a licensed Texas employment attorney for advice tailored to your facts.

Understanding Your Employment Rights in Texas

At-Will Employment and Its Key Exceptions

Article III, Section 50 of the Texas Constitution and decades of case law enshrine at-will employment: either party may end the employment relationship at any time, for any lawful reason. However, the following exceptions give employees legal leverage:

• Statutory Protections: Anti-discrimination laws (Texas Labor Code Chapter 21, Title VII, ADA, ADEA, GINA) prohibit firing or disciplining workers because of protected characteristics.

• Public Policy Exception (Sabine Pilot doctrine): Texas Supreme Court in Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985) held employers cannot discharge an employee solely for refusing to commit an illegal act.

• Contractual Exceptions: Individual employment agreements, collective bargaining agreements, or company policies that create a definite term or “for-cause” standard override at-will status.

• Retaliation Prohibitions: Employers cannot retaliate for protected activity—such as filing a wage claim with TWC or reporting safety violations to OSHA.

Core Federal Rights That Apply in Texas

Texas workers receive concurrent protection under federal statutes:

• FLSA: Guarantees minimum wage ($7.25/hour) and overtime (1.5× pay after 40 hours) for non-exempt employees.

• Title VII: Bars discrimination based on race, color, religion, sex (including pregnancy and LGBTQ+ status per Bostock v. Clayton County), and national origin.

• ADA: Requires reasonable accommodations for qualified workers with disabilities unless undue hardship.

• Family and Medical Leave Act (FMLA): Up to 12 weeks of unpaid, job-protected leave for serious health conditions or family care, if the employer has ≥50 employees within 75 miles.

State-Specific Rights

Chapter 61 of the Texas Labor Code (Texas Payday Law) authorizes wage claims through the TWC for unpaid wages, commissions, or bonuses. Chapter 451 protects workers who file workers’ compensation claims from retaliation. These state laws often provide quicker administrative relief than federal avenues and carry distinct deadlines, explained below.

Common Employment Law Violations in Texas

1. Wage and Hour Violations

Misclassification of employees as independent contractors or as exempt from overtime frequently arises in San Marcos’s warehouse and tech-startup scene. Under the FLSA’s economic-realities test, a worker who is economically dependent on the business is an employee entitled to overtime. Employers who shave hours, require off-the-clock work, or average hours across weeks violate 29 U.S.C. §207.

Statute of limitations: two years for ordinary violations; three years if the violation is willful (29 U.S.C. §255).

2. Discrimination and Harassment

Chapter 21 of the Texas Labor Code mirrors Title VII but sets a stricter deadline of 180 days after the alleged adverse action to file a Charge of Discrimination with the TWC Civil Rights Division. Common issues include:

• Age-related layoffs in manufacturing plants.

• Pregnancy discrimination in retail and hospitality sectors.

• Racially hostile work environments in construction crews.

Retaliation for complaining about discrimination is itself an unlawful practice.

3. Wrongful Termination

Although Texas is at-will, firings that violate statutes (e.g., firing for jury duty, military service, or whistleblowing under the Sabine Pilot rule) are actionable. A prevailing employee may recover lost wages, emotional distress damages, attorney’s fees, and sometimes punitive damages.

4. Workplace Safety Retaliation

If an employee at a San Marcos plastics plant reports OSHA safety hazards and is demoted, Section 11(c) of the Occupational Safety and Health Act and Texas Labor Code §554 (public employees) may provide remedies.

Texas Legal Protections & Employment Laws

Key Statutes and What They Cover

• Texas Labor Code Chapter 21 – Discrimination, harassment, and retaliation; enforced by the TWC and cross-filed with EEOC.

• Texas Payday Law (Chapter 61) – Unpaid wages, final paycheck, commissions.

• Texas Workers’ Compensation Retaliation (Chapter 451) – Protection for employees who file a comp claim.

• Title VII of the Civil Rights Act of 1964 – Federal anti-discrimination umbrella.

• Fair Labor Standards Act – Minimum wage and overtime standards.

Statutes of Limitations Quick Reference

• Discrimination (Texas Labor Code): 180 days to file with TWC.

• Discrimination (Title VII, ADA, ADEA): 300 days with EEOC if state agency exists (Texas qualifies).

• Equal Pay Act: Two years from the discriminatory paycheck, extended to three years if willful.

• FLSA Overtime/Minimum Wage: Two years (three if willful).

• Sabine Pilot wrongful termination: Two years in Texas for a wrongful discharge tort.

• Texas Payday Law: 180 days to file wage claim with TWC.

Administrative Agencies and Jurisdiction

The Texas Workforce Commission Civil Rights Division (TWCCRD) handles state discrimination complaints and shares work-sharing agreements with the EEOC. Wage claims under Chapter 61 are filed with the TWC Labor Law Section. Safety complaints go to OSHA’s Austin Area Office, which also covers Hays County.

Steps to Take After Workplace Violations

1. Preserve Evidence

Maintain copies of pay stubs, schedules, performance reviews, text messages, and emails. Under Federal Rule of Evidence 901 and its Texas counterpart, authenticity matters; preserve metadata when possible.

2. Report Internally (When Safe)

Many employers in San Marcos, including Texas State University, require employees to follow internal grievance procedures. Use HR complaint channels in writing while keeping personal copies.

3. File Administrative Complaints Promptly

Discrimination: Submit an Intake Questionnaire or online charge through the EEOC Public Portal or file in person at the EEOC San Antonio Field Office (5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229). Simultaneously, or within 180 days, file with TWCCRD (101 E. 15th Street, Austin, TX 78778) to preserve Texas claims.

Wage claims: File TWC Wage Claim online or via mail to TWC Labor Law, 101 E. 15th St., Rm. 514, Austin, TX 78778.

Failure to meet deadlines can bar recovery—courts strictly enforce statutes of limitations (Delaware State College v. Ricks, 449 U.S. 250 (1980)).

4. Consider Mediation

Both EEOC and TWCCRD offer free mediation programs. Early resolution may secure reinstatement or back pay without litigation costs.

5. Consult a Texas-Licensed Employment Lawyer

A lawyer can evaluate claims, calculate damages under the McDonnell Douglas burden-shifting or FLSA liquidated damages framework, and ensure court pleadings comply with Rule 12(b)(6) standards. Attorneys must be licensed by the State Bar of Texas; you can verify licensure on the Bar’s searchable database.

When to Seek Legal Help in Texas

Complex Scenarios That Warrant Counsel

• Class or Collective Actions: If dozens of warehouse workers are owed unpaid overtime, join a collective action under 29 U.S.C. §216(b).

• Interactive ADA Accommodation Disputes: When negotiations stall on reasonable accommodations, counsel can invoke 42 U.S.C. §12112(b)(5).

• Retaliatory Termination: Post-complaint firing often justifies front pay, emotional distress, and punitive damages (capped by 42 U.S.C. §1981a(b)(3)).

Court Venues Covering San Marcos

Federal claims typically proceed in the United States District Court for the Western District of Texas, Austin Division. State claims may be filed in the 22nd, 207th, 274th, 428th, or 483rd District Courts of Hays County, located at 712 S. Stagecoach Trail, San Marcos, TX.

Local Resources & Next Steps

• Texas Workforce Solutions – Rural Capital Area (171 S. Guadalupe St., Suite 140, San Marcos, TX): Job placement and wage claim information.

• Equal Employment Opportunity Commission, San Antonio Field Office: Charge filing and intake.

• Hays County Bar Association: Lawyer referral services.

• Texas RioGrande Legal Aid (TRLA): Free or reduced-cost employment law representation for income-qualified residents.

Authoritative External References

Texas Labor Code Chapter 21 – Employment Discrimination EEOC – How to File a Charge of Discrimination U.S. Department of Labor – Fair Labor Standards Act (FLSA) Texas Workforce Commission – How to File a Wage Claim

Legal Disclaimer

This guide provides general information for San Marcos, Texas workers. It is not legal advice and does not create an attorney-client relationship. Always consult a licensed Texas employment attorney regarding 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.