Employment Lawyer Guide: Employment Law in Laredo, Texas

Introduction: Why Employment Law Matters to Laredo Workers

Whether you work on an oil rig along the Rio Grande, in one of Laredo’s bustling logistics warehouses, or at a downtown medical office, understanding Texas employment law is essential. Laredo’s economy relies heavily on international trade through the Port of Laredo, trucking, and a growing health-care sector. High demand for labor means opportunity, but it can also lead to overtime disputes, unsafe conditions, or discrimination. This comprehensive guide—written from a slightly employee-focused perspective—explains your rights, the laws that protect you, and how to pursue justice if you face an unlawful workplace practice.

All facts in this article are drawn from authoritative sources such as the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), Texas court opinions, and official guidance from the Texas Workforce Commission (TWC) and the U.S. Equal Employment Opportunity Commission (EEOC).

Understanding Your Employment Rights in Texas

At-Will Employment—and Its Limits

Texas follows the at-will employment doctrine, meaning most employees can be terminated—or can quit—at any time for any legal reason or no reason at all. However, several critical exceptions protect workers in Laredo:

• Statutory Protections: Employers may not fire, discipline, or refuse to hire you because of race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County), disability, or age (40+). These safeguards arise under Title VII (42 U.S.C. §2000e-2) and the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21).

• Retaliation Prohibitions: Termination for filing a wage claim, reporting safety hazards, or participating in an EEOC investigation violates federal and state law (29 U.S.C. §215(a)(3); Tex. Labor Code §21.055).

• Public-Policy Exception: The Texas Supreme Court recognizes a narrow exception barring termination for refusing to perform an illegal act (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Contractual & Collective-Bargaining Limits: Written employment agreements, union contracts, or company policies can override at-will status.

Key Federal and Texas Statutes That Protect Laredo Employees

• Fair Labor Standards Act (FLSA): Sets federal minimum wage ($7.25/hr) and overtime (time-and-a-half after 40 hours). Enforced by the U.S. Department of Labor.

• Texas Payday Law (Tex. Labor Code §§61.001–.095): Requires timely payment of wages and empowers the TWC to investigate late or unpaid wages.

• Occupational Safety and Health Act (OSH Act): Provides workers the right to safe working conditions and to file OSHA complaints.

• Family and Medical Leave Act (FMLA): Grants eligible employees up to 12 weeks of unpaid, job-protected leave for serious health issues or family care.

• Uniformed Services Employment and Reemployment Rights Act (USERRA): Protects service members’ employment after military leave—relevant given Laredo’s large National Guard presence.

Common Employment Law Violations in Texas

1. Wage & Hour Abuse

In logistics hubs off Interstate 35, long shifts and tight delivery deadlines are the norm. Employers sometimes misclassify drivers or warehouse pickers as independent contractors to avoid paying overtime. Under the FLSA, the Department of Labor’s economic realities test determines true employment status. Texas Payday Law also requires final paychecks within six calendar days for discharged employees (15 days for resignations).

2. Discrimination and Harassment

Discrimination claims in Texas must typically be filed within 180 days with the TWC or 300 days with the EEOC (Tex. Labor Code §21.201; 42 U.S.C. §2000e-5(e)). Laredo’s workforce is predominantly Hispanic/Latino; national-origin discrimination can include derogatory remarks, English-only policies with no business necessity, or unequal pay.

3. Wrongful Termination for Reporting Illegal Acts

If you are fired for refusing to falsify import paperwork at a customs brokerage, you may bring a Sabine Pilot wrongful-termination claim. You must prove the sole reason for discharge was your refusal to perform the unlawful act. The statute of limitations is generally two years in Texas for such tort claims (Tex. Civ. Prac. & Rem. Code §16.003).

4. Retaliation for Wage Claims or OSHA Complaints

An employer cannot demote or terminate you for filing a wage claim with the TWC or a safety complaint with OSHA (29 U.S.C. §660(c)). Retaliation complaints to OSHA must be filed within 30 days; retaliation under Title VII or the Texas Labor Code follows the same 180-/300-day charge period.

5. Failure to Accommodate a Disability

Under the ADA and Texas Labor Code §21.128, employers must provide reasonable accommodations—such as modified work schedules or specialized equipment—unless doing so creates an undue hardship.

Texas Legal Protections & Employment Laws

Minimum Wage and Overtime

Texas adopts the federal minimum wage of $7.25. Tip credits allow payment of $2.13/hr to tipped employees, provided tips bring the total to at least $7.25. Overtime violations are rampant in border-area restaurants and truck yards, where time records may be altered. FLSA lawsuits must be filed within 2 years—or 3 years for willful violations (29 U.S.C. §255(a)). Liquidated damages can double unpaid wages.

Equal Pay

The Equal Pay Act of 1963 and the Texas Labor Code prohibit paying employees differently based on sex for substantially equal work. In Warren v. Federal National Mortgage Association, 932 F.3d 378 (5th Cir. 2019), the Fifth Circuit confirmed that unequal pay claims can stand without proof of intentional discrimination.

Leave and Reasonable Breaks

• FMLA eligibility: 12 months with employer and at least 1,250 hours in preceding year; applies to employers with 50+ employees within 75 miles.

• Pregnancy Accommodations: Employers must treat pregnancy and related conditions the same as other temporary disabilities (42 U.S.C. §2000e(k)).

• Breastfeeding Breaks: FLSA §7(r) requires reasonable break time and private space (not a bathroom) for nursing mothers up to one year post-birth. Texas Health & Safety Code §165 encourages employers to support breastfeeding.

Whistleblower Protections

Public employees in Texas are protected by the Texas Whistleblower Act (Tex. Gov’t Code §554.002) for reporting violations of law by their employer to an appropriate law-enforcement authority. Suit must be filed within 90 days of the adverse action.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, disciplinary write-ups, emails, and text messages. Federal regulations require employers to preserve payroll records for at least three years (29 C.F.R. §516.5). Your own records often make or break a case.

2. Follow Internal Complaint Procedures

Many employers have written grievance or HR policies. Exhausting internal remedies can strengthen a retaliation claim if the employer fails to correct illegal conduct.

3. File a Charge with the EEOC or TWC

Laredo residents may submit charges online, by mail, or in person at the EEOC San Antonio Field Office (5410 Fredericksburg Rd, San Antonio, TX 78229). The TWC’s Civil Rights Division accepts Texas Labor Code discrimination complaints and automatically cross-files with the EEOC. Remember the 180-day Texas deadline and the 300-day federal deadline.

4. Wage Claims with the Texas Workforce Commission

You must file within 180 days of the wages originally due (Tex. Labor Code §61.051). The TWC Wage Claim Division can conduct investigations, issue determinations, and levy penalties.

5. Consider Alternative Dispute Resolution

Many employers require arbitration under the Federal Arbitration Act (FAA). The Fifth Circuit generally upholds valid arbitration agreements, though employees may challenge unconscionable provisions (In re Poly-America, L.P., 262 S.W.3d 337 (Tex. 2008)). Consult counsel before signing away court rights.

When to Seek Legal Help in Texas

Signs You Need an Employment Lawyer

• You are offered a severance or asked to sign a release after termination.

• You suspect misclassification as an independent contractor.

• You’ve been placed on a performance improvement plan (PIP) shortly after complaining of discrimination.

• The employer violated FMLA leave rights or refused reasonable accommodation.

Texas attorneys must be licensed by the State Bar of Texas. Verify standing at State Bar Lawyer Directory.

Contingency Fees and Costs

Many plaintiff-side employment lawyers in Texas accept cases on a contingency fee, meaning legal fees are collected only if money is recovered. Under Title VII and the Texas Labor Code, prevailing employees may recover attorney’s fees from the employer (42 U.S.C. §2000e-5(k); Tex. Labor Code §21.259).

Local Resources & Next Steps for Laredo Workers

• TWC Workforce Solutions for South Texas: 1406 Jacaman Rd, Suite A, Laredo, TX 78041. Offers job-training grants and wage-claim information.

• OSHA Corpus Christi Area Office (covers Laredo): 555 N. Carancahua, Suite 1000, Corpus Christi, TX 78401.

• Laredo Legal Aid Society: Provides free or low-cost consultations on wage and discrimination matters (subject to income eligibility).

Additional authoritative reading:

EEOC Charge Filing Instructions Texas Workforce Commission – How to Submit a Wage Claim U.S. Department of Labor – FLSA Guidance

Statute of Limitations Quick Reference

**Discrimination (Title VII/Texas Labor Code)**180 days (TWC) / 300 days (EEOC) FLSA Wage & Hour2 years (standard) / 3 years (willful) Texas Payday Law180 days Sabine Pilot Wrongful Termination2 years Public-Sector Whistleblower90 days

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Employment laws change frequently, and individual circumstances differ. 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.