Employment Lawyer & Employment Law Guide – New Braunfels TX

Introduction: Why Employment Law Matters in New Braunfels, Texas

Nestled between San Antonio and Austin, New Braunfels is one of the fastest-growing cities in the United States. Tourism staples such as Schlitterbahn Waterpark, manufacturing facilities along the I-35 corridor, and healthcare employers like Christus Santa Rosa create a diverse workforce. Whether you sling tubes on the Comal River during summer or manage a production line in nearby Seguin, you are protected by federal statutes—including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the Fair Labor Standards Act (29 U.S.C. § 201 et seq.)—and by Texas laws such as the Texas Labor Code and the Texas Commission on Human Rights Act (TCHRA).

This comprehensive guide favors employee protection while remaining strictly factual. It addresses the most common workplace issues facing New Braunfels residents, explains the city’s at-will employment framework and its exceptions, and provides step-by-step directions for filing complaints with the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC). All information is sourced from statutes, regulatory agencies, or published court opinions—never speculation.

Understanding Your Employment Rights in Texas

1. At-Will Employment—Default Rule & Key Exceptions

Texas is an at-will employment state. Generally, an employer may terminate an employee for any reason or no reason at all, except when the discharge violates:

• Statutory protections—e.g., Title VII (race, color, national origin, sex, religion), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), or the TCHRA (Tex. Lab. Code §§ 21.001–21.556).

• Public-policy exceptions—Texas courts recognize a Sabine Pilot claim when an employee is fired solely for refusing to perform an illegal act (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Contractual exceptions—A written employment contract, union collective bargaining agreement, or employer policy manual that limits termination rights.

2. Wage & Hour Rights

The FLSA sets federal minimum wage ($7.25 per hour) and overtime (time-and-a-half for hours worked over 40 in a workweek). Texas Labor Code Chapter 62 adopts the same minimum wage but does not add overtime requirements beyond the FLSA. Workers in New Braunfels who are misclassified as independent contractors, denied overtime, or forced to work off-the-clock can bring claims under FLSA. The statute of limitations is two years, extended to three if the violation was willful (29 U.S.C. § 255(a)).

3. Discrimination & Harassment Protections

Title VII and the TCHRA prohibit employment decisions based on protected characteristics. Under Title VII, claims must be filed with the EEOC within 300 days of the discriminatory act because Texas is a “deferral” state that has its own civil rights agency. Under the TCHRA, claims must be filed with the TWC-Civil Rights Division within 180 days (Tex. Lab. Code § 21.202). These deadlines are strict; missing them usually bars a lawsuit.

4. Retaliation Protection

Both Title VII and the Texas Labor Code prohibit employers from retaliating against workers who oppose unlawful practices or participate in investigations. Retaliation can include termination, demotion, or any action that would dissuade a reasonable person from making a complaint.

Common Employment Law Violations in Texas

1. Unpaid Overtime & Off-the-Clock Work

Central Texas’s warehousing boom drives long shifts for logistics workers. A 2022 opinion from the U.S. District Court for the Western District of Texas (Ramirez v. Alpha Care Med., No. 5:21-cv-00999) illustrates that employers must keep accurate time records and pay overtime even when employees work through meal breaks.

2. Misclassification of Employees as Independent Contractors

Gig-economy delivery drivers in Comal County often sign contracts labeling them “contractors.” Yet, under the Department of Labor’s economic-realities test, if the company controls the manner and means of work, the drivers could be employees entitled to minimum wage and overtime.

3. Sexual Harassment in Hospitality & Tourism

Seasonal hospitality workers at Schlitterbahn or along the Guadalupe River have reported harassment from patrons and co-workers. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998) require employers to prevent and correct harassment promptly.

4. Disability Discrimination & Failure to Accommodate

The ADA and TCHRA oblige employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities, absent undue hardship. The Fifth Circuit, which covers Texas, emphasized interactive process compliance in EEOC v. Chevron Phillips Chem. Co., 570 F.3d 606 (5th Cir. 2009).

5. Wrongful Termination for Safety Complaints

Employees in the booming construction sector along FM 306 sometimes raise OSHA safety concerns. Termination for refusing to work in dangerous conditions could support claims under OSHA’s anti-retaliation provisions (29 U.S.C. § 660(c)) and the Texas Sabine Pilot doctrine.

Texas Legal Protections & Employment Laws

1. Texas Commission on Human Rights Act (TCHRA)

Found in Chapter 21 of the Texas Labor Code, the TCHRA largely mirrors Title VII but offers its own remedies, including compensatory damages capped by employer size (Tex. Lab. Code § 21.2585). The Texas Supreme Court clarified TCHRA coverage for sexual-orientation discrimination in Bostock v. Clayton County’s wake through lower-court remands.

2. Texas Payday Law

Chapter 61 of the Texas Labor Code requires timely payment of wages. Employees must file a wage claim with the TWC within 180 days of the date the wages were due (Tex. Lab. Code § 61.051). The agency can investigate and issue orders for payment.

3. Whistleblower Protections for Public Employees

Public workers—including teachers in Comal ISD—are protected by the Texas Whistleblower Act (Tex. Gov’t Code § 554.001 et seq.). The statute requires reporting violations to an appropriate law-enforcement authority and filing suit within 90 days of the adverse action.

4. Workers’ Compensation Retaliation

Section 451.001 of the Texas Labor Code prohibits firing or discriminating against an employee for filing a workers’ compensation claim. A lawsuit must be filed within two years of the retaliatory act.

5. Military Leave & Reemployment

USERRA (38 U.S.C. § 4301 et seq.) protects service members working at Randolph Air Force Base-adjacent contractors from discrimination and ensures prompt reemployment after deployment.

Steps to Take After Workplace Violations

1. Document Everything

• Maintain a contemporaneous journal of incidents—dates, times, witnesses.

• Download or photograph schedules, pay stubs, or text messages showing wage violations.

2. Follow Internal Complaint Procedures

Most employers have policies requiring written complaints to HR. The U.S. Supreme Court in Ellerth/Faragher allows employers to raise an affirmative defense if employees bypass reasonable internal procedures. Filing internally protects your rights and supports a retaliation claim if adverse action follows.

3. File an Administrative Charge

Discrimination, Harassment, or Retaliation

• Submit an Intake Questionnaire to the EEOC San Antonio Field Office or the Texas Workforce Commission Civil Rights Division in Austin. Because Texas is a deferral state, a charge with one agency is automatically cross-filed with the other.

• Deadline: 300 days (EEOC) or 180 days (TWC-CRD) from the unlawful act.

Unpaid Wages

• File a wage claim with the TWC Labor Law Department within 180 days.

• Alternatively, sue in federal court under FLSA within two years (three if willful).

OSHA Complaints

• Must be filed within 30 days of the retaliatory action.

4. Cooperate with Investigators

Provide evidence, appear for interviews, and keep copies of communications. Retaliation for participation is unlawful.

5. Consider Alternative Dispute Resolution

Many New Braunfels employers impose arbitration agreements. The Federal Arbitration Act generally enforces these, but the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 allows employees to choose court in those contexts.

When to Seek Legal Help in Texas

1. Complex Claims & Deadlines

Employment statutes have short limitation periods and overlapping procedures. An employment lawyer in New Braunfels, Texas can evaluate which laws apply and preserve all claims.

2. Settlement Negotiations

Attorneys can quantify lost wages, future earnings, emotional-distress damages, and attorney’s fees under fee-shifting statutes (e.g., 42 U.S.C. § 1988; Tex. Lab. Code § 21.259).

3. Litigation Expertise

Federal suits in the Western District of Texas and state suits in Comal County courts follow procedural and evidentiary rules best navigated by licensed counsel. In Texas, lawyers must be admitted by the State Bar of Texas and may seek Board Certification in Labor & Employment Law.

Local Resources & Next Steps

Texas Workforce Commission Wage Claim Instructions EEOC San Antonio Field Office Texas Labor Code Chapter 21 (TCHRA) U.S. Department of Labor – FLSA Overview OSHA Worker Complaint Portal

Local Offices

TWC Workforce Solutions – Alamo (New Braunfels) 410 N. Seguin Ave., New Braunfels, TX 78130 | Phone: 830-629-2010 Comal County Courthouse 199 Main Plaza, New Braunfels, TX 78130

Statutes of Limitations Quick Reference

• Title VII / ADA / ADEA: 300 days to file EEOC charge; 90 days to sue after Right-to-Sue letter.

• TCHRA: 180 days to file TWC-CRD charge; 2 years to sue after dismissal.

• FLSA: 2 years (3 if willful) to file suit.

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

• Workers’ Comp Retaliation: 2 years to sue.

• Texas Whistleblower Act (public employees): 90 days to sue.

Conclusion

From manufacturing plants along I-35 to tubing outfitters on the Guadalupe, New Braunfels workers fuel the region’s growth. Knowing your rights under Texas employment law can mean the difference between suffering in silence and obtaining fair compensation. Act quickly, document thoroughly, and seek qualified counsel when needed.

Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Employment laws change, and the application of law depends on specific facts. Consult a licensed Texas attorney for advice on your 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.