Employment Lawyer & Employment Law Guide – San Marcos TX

Introduction: Why San Marcos Workers Need to Understand Employment Law

Nestled between Austin and San Antonio on the busy I-35 corridor, San Marcos, Texas is home to almost 70,000 residents, Texas State University, a large Amazon fulfillment center, several light-manufacturing plants, and a thriving hospitality sector tied to the San Marcos River. Whether you teach at the university, stock shelves at the outlet malls, or work night shifts at a distribution warehouse, your paycheck and your dignity depend on the protections offered by Texas employment law and key federal statutes such as the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act of 1964.

Texas is an at-will employment state, meaning that—unless you have a valid contract—your employer can terminate you for almost any lawful reason, or for no reason at all. But “almost” is not “always.” Both Texas and federal law carve out critical exceptions that prohibit discrimination, retaliation, unpaid wage practices, and other workplace abuses. Understanding these exceptions, the deadlines for asserting your rights, and the local procedures for enforcing them can make the difference between justice and silence.

This comprehensive guide—written with a slight bias toward protecting employees—draws exclusively from authoritative sources such as the Texas Labor Code, the Texas Commission on Human Rights Act (TCHRA), the FLSA, the Americans with Disabilities Act (ADA), and official guidance from the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC). It explains how these laws apply specifically to workers in San Marcos and the larger Hays County area.

Understanding Your Employment Rights in Texas

1. The At-Will Doctrine and Its Major Exceptions

Under Texas common law, you can be fired at any time for any reason except an illegal reason. The following exceptions routinely arise in San Marcos workplaces:

• Statutory Discrimination: Termination or adverse action because of race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), disability, or age (40+) violates Title VII, the ADA, the Age Discrimination in Employment Act (ADEA), and Texas Labor Code Chapter 21 (TCHRA).

• Retaliation for Protected Activity: Firing or disciplining an employee for filing a wage claim, requesting reasonable accommodation, reporting safety violations, or participating in an EEOC/TWC investigation is unlawful.

• Refusal to Commit a Crime: Texas courts recognize a public-policy exception—an employer cannot terminate you for refusing to perform an illegal act.

• Workers’ Compensation Retaliation: Texas Labor Code §451.001 prohibits firing an employee for filing a lawful workers’ compensation claim.

2. Wage and Hour Guarantees

The FLSA sets a federal minimum wage ($7.25 per hour) and guarantees time-and-a-half for all hours worked over 40 in a workweek, unless you fit into a valid exemption (e.g., executive, administrative, professional). Texas has adopted the federal minimum but supplements enforcement through the Texas Payday Law (Texas Labor Code Chapter 61), administered by the TWC.

• Statute of Limitations: You must file an unpaid wage claim with TWC within 180 days after the wages were due. Under the FLSA, you may file suit within 2 years, or 3 years for willful violations.

• Tipped Employees: Employers may claim a tip credit, but tips belong to the employee. Mandatory tip-pooling must comply with 29 C.F.R. §531.

3. Leave and Accommodation

• Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave if the employer has 50+ employees within 75 miles.

• Pregnancy Accommodation: Under the Pregnancy Discrimination Act and Texas Labor Code §21.106, pregnant workers are entitled to the same accommodations offered to temporarily disabled employees.

• Disability Accommodation: The ADA and TCHRA require reasonable accommodation unless it poses an undue hardship.

Common Employment Law Violations in Texas

1. Wage Theft and Off-the-Clock Work

Between university shift work and seasonal tourism jobs, San Marcos employers sometimes misclassify workers as “independent contractors” or “exempt” managers to avoid overtime. Other common violations include:

• Failing to pay for pre-shift security screenings or required donning and doffing of safety gear.

• Auto-deducting meal periods when employees remain at their stations.

• Withholding final paychecks beyond the deadlines in Texas Labor Code §61.014 (within six days of separation for involuntary terminations; next regular payday for voluntary quits).

2. Discrimination and Harassment

According to FY 2022 charge data, the TWC Civil Rights Division processed thousands of discrimination claims statewide. In San Marcos, the most frequent bases reported include sex, disability, and race. Unlawful conduct can involve:

• Derogatory racial slurs from supervisors or co-workers.

• Failure to accommodate a disability, such as modified duty for a warehouse worker with lifting restrictions.

• Pregnancy-based scheduling cuts or forced leave.

3. Retaliation

Both federal and state law prohibit employers from punishing employees who engage in protected activity—filing an EEOC charge, testifying, requesting overtime, or complaining about OSHA violations. Retaliation is now the most common basis for EEOC charges nationwide.

4. Wrongful Termination After Workers’ Compensation Claims

Warehouse and construction injuries are common along the I-35 logistics corridor. If you file a legitimate workers’ compensation claim and are terminated or demoted, Texas Labor Code §451.001 provides a cause of action for damages, including lost wages and mental-anguish damages.

Texas Legal Protections & Employment Laws

1. Anti-Discrimination Statutes

• Title VII of the Civil Rights Act (42 U.S.C. §2000e) — Applies to employers with 15+ employees.

• Texas Commission on Human Rights Act (Texas Labor Code Chapter 21) — Mirrors federal protections and adds administrative procedures through TWC.

• Age Discrimination in Employment Act (ADEA) — Covers workers aged 40+ in workplaces with 20+ employees.

• Americans with Disabilities Act (ADA) — Requires reasonable accommodation for qualified employees with disabilities.

2. Wage and Hour Statutes

• Fair Labor Standards Act (FLSA) — Governs minimum wage, overtime, child labor rules.

• Texas Payday Law — Provides administrative remedy for unpaid wages within 180 days.

3. Whistleblower & Retaliation Protections

• Occupational Safety and Health Act (OSHA) Section 11(c) — Protects safety whistleblowers.

• Sarbanes-Oxley Act and Dodd-Frank Act — Apply to certain publicly traded or financial companies operating in Hays County.

4. Statutes of Limitations Cheat Sheet

• EEOC/TWC Discrimination Charge: 300 days (federal) / 180 days (state-only) from the alleged adverse act.

• FLSA Overtime Claim: 2 years (3 years if willful).

• Texas Payday Law Claim: 180 days from the date wages were due.

• Workers’ Comp Retaliation (Tex. Lab. Code §451): 2 years.

• ADA / ADEA Lawsuit: 90 days after Right-to-Sue letter.

Steps to Take After Workplace Violations

1. Document Everything

Start a timeline with dates, names, and copies of time sheets, pay stubs, emails, and text messages. Screen-shot scheduling apps used by many San Marcos hospitality employers before they are altered.

2. Use Internal Complaint Channels

Follow your employer’s handbook grievance policy. Written complaints show good-faith efforts and create a record protected against retaliation under both state and federal law.

3. File with the Texas Workforce Commission (TWC)

The TWC Civil Rights Division (Austin headquarters only 30 miles north) accepts discrimination charges for San Marcos workers. You may file by mail, online, or in person. For wage claims, complete a Wage Claim Form within 180 days.

• Gather identifying information: employer’s legal name, address, and number of employees.

• Submit forms and supporting documents via the TWC online portal or mail to 101 E. 15th St., Austin, TX 78778.

• Cooperate with the investigator’s requests for statements or evidence.

4. File with the EEOC

If your employer has 15+ employees, you can dual-file with the EEOC’s San Antonio Field Office (the designated office for Hays County) by scheduling an interview through the EEOC Public Portal. The EEOC automatically forwards state-law claims to TWC when filed within 300 days.

5. Preserve Deadlines for a Lawsuit

After the agency process, you may receive a Right-to-Sue letter. You generally have 90 days (federal) or 60 days (state) to file suit in the appropriate court. Do not wait—courts strictly enforce these deadlines.

When to Seek Legal Help in Texas

1. Complexity of Claims

Multi-statute cases (e.g., ADA + FMLA + FLSA) involve different burdens of proof and damage models. An experienced employment lawyer in San Marcos, Texas can analyze overlapping deadlines, negotiate severance, and represent you in federal court in Austin (Western District of Texas) or Hays County state court.

2. Attorney Licensing & Fee Recovery

Texas attorneys must be licensed by the State Bar of Texas and carry Minimum Continuing Legal Education (MCLE) credits yearly. Many employment statutes allow “fee-shifting,” meaning the employer may pay your legal fees if you win (e.g., 29 U.S.C. §216(b); Texas Labor Code §21.259).

3. Settlement vs. Litigation

More than 70% of EEOC charges nationwide resolve through mediation or settlement. A lawyer can evaluate whether a severance agreement adequately compensates lost wages, front pay, emotional distress, and attorney’s fees.

Local Resources & Next Steps

• San Marcos Workforce Solutions Office: 4797 Hwy 123, San Marcos, TX 78666. Offers job referrals and TWC resources.

• Texas State University Attorney for Students: Free consultations for enrolled Bobcats facing workplace disputes.

• Community Justice Program – Hays County: Periodic pro bono clinics handling employment matters.

• Hays County District Courts: 712 Stagecoach Trail, San Marcos, TX 78666—state venue for wrongful-termination cases.

• U.S. District Court, Western District of Texas – Austin Division: 501 W. 5th St., Austin, TX 78701—federal venue for Title VII, FLSA, ADA lawsuits originating in San Marcos.

Authoritative References

Texas Labor Code Chapter 21 (TCHRA) U.S. Department of Labor: FLSA Overview EEOC Instructions for Filing a Charge

Legal Disclaimer

This guide provides general information for San Marcos, Texas workers. It is not legal advice. Laws change, and every case is unique. 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.