Employment Lawyer Guide for San Antonio, Texas Workers

Introduction: Why San Antonio Workers Need to Understand Employment Law

With more than 1.5 million residents, San Antonio is home to one of the fastest-growing labor markets in the United States. Major private employers such as USAA, H-E-B, and Rackspace Technology intersect with public sector giants like Joint Base San Antonio and the University Health System. As diverse as the Alamo City’s economy is—ranging from cybersecurity and bioscience to oil-field services in nearby Eagle Ford Shale—so are the workplace disputes that arise. Whether you stock shelves at a grocery distribution center on the West Side, write code for a start-up in Port San Antonio, or provide patient care along the Medical Center corridor, knowing how Texas employment law and federal statutes protect you is the first step toward safeguarding your paycheck, career, and dignity.

This guide favors employees by highlighting concrete rights and remedies, yet it remains strictly factual. Citations come directly from 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), the Texas Commission on Human Rights Act (TCHRA), and published court opinions interpreting these authorities. Where San Antonio-specific resources exist, they are identified so local workers spend less time searching and more time enforcing their rights.

Understanding Your Employment Rights in Texas

Texas’s At-Will Employment Doctrine—and Its Limits

Texas follows the common-law rule of at-will employment: either the employer or the employee may terminate the work relationship at any time, with or without cause, and with or without notice. However, several important statutory and contractual exceptions protect employees:

• Anti-Discrimination Laws – Chapter 21 of the Texas Labor Code (TCHRA) and Title VII prohibit terminations based on race, color, national origin, sex (including pregnancy and sexual orientation), religion, disability, age (40+), or genetic information.
• Retaliation Protection – Employers cannot fire or discipline a worker for engaging in protected activity, such as filing a safety complaint under OSHA, requesting reasonable accommodation under the ADA, or reporting pay violations under the FLSA.
• Public Policy Exception – Under Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), an employer may not fire an employee solely for refusing to perform an illegal act.
• Contractual Protections – Individual employment contracts, collective-bargaining agreements, or employee handbooks with progressive-discipline language can override pure at-will status.

Key Federal and State Statutes Applying to San Antonio Employees

• Fair Labor Standards Act (FLSA) – Establishes minimum wage ($7.25/hour) and overtime (time-and-a-half after 40 hours). See 29 U.S.C. § 201 et seq.
• Texas Payday Law – Texas Labor Code §§ 61.001-61.095 requires timely payment of all wages earned; complaints go to the Texas Workforce Commission (TWC).
• Texas Commission on Human Rights Act (TCHRA) – Texas Labor Code § 21.001 et seq. mirrors Title VII protections and gives the TWC Civil Rights Division concurrent investigative authority.
• Occupational Safety & Health Act (OSHA) – Provides workplace safety standards; retaliation for safety complaints is unlawful.

Statutes of Limitation Every Employee Should Track

• Discrimination (TCHRA): 180 days from the adverse action to file with the TWC Civil Rights Division.
• Discrimination (Title VII/ADA/ADEA): 300 days to file an EEOC charge because Texas is a “deferral” state.
• Wage Claims (Texas Payday Law): 180 days to file with the TWC.
• FLSA Overtime/Minimum Wage: 2 years, extended to 3 years for willful violations (29 U.S.C. § 255).
• Sabine Pilot Wrongful Discharge: 2 years (Texas Civ. Prac. & Rem. Code § 16.003).

Common Employment Law Violations in Texas

1. Unpaid Overtime and Minimum Wage Violations

Tech support specialists in San Antonio’s growing cybersecurity cluster frequently receive a fixed salary and are labeled “exempt.” Yet job titles alone do not determine FLSA exemption. The employee must meet both the salary basis test and the specific duties test in 29 C.F.R. Part 541. When employers misclassify workers, they risk owing back pay for up to three years, plus liquidated damages equal to the unpaid wages.

2. Discrimination and Harassment

Despite decades of civil-rights enforcement, the EEOC’s FY 2023 statistics show that Texans filed more than 9,000 employment discrimination charges, and Bexar County consistently ranks among the top five counties statewide. Frequent claims include:

• Sexual Harassment – Hostile work environments persist in fields such as hospitality along the River Walk, where tipped workers may fear complaining.
• Disability Discrimination – Failure to provide reasonable accommodations for mobility impairments in warehouse settings on the city’s South Side.
• Age Discrimination – Layoffs at call centers disproportionately impacting workers over 40.

3. Retaliation

Retaliation is the single most common basis for EEOC findings nationwide. Under Texas Labor Code § 21.055 and 42 U.S.C. § 2000e-3(a), an employer cannot punish an employee for opposing illegal discrimination, requesting protected leave, or participating in an investigation.

4. Wrongful Termination Under Public Policy

When an oil-field technician refuses to sign off on falsified environmental safety records and is fired, the employee may have a claim under Sabine Pilot. While Texas courts narrowly interpret this exception, it remains a vital protection in industries with strict regulatory regimes, such as energy and healthcare.

Texas Legal Protections & Employment Laws Explained

Texas Commission on Human Rights Act (TCHRA)

Codified at Texas Labor Code Chapter 21, the TCHRA applies to private employers with 15 or more employees, as well as state and local governments. Remedies include:

• Back pay and front pay
• Reinstatement or hiring
• Compensatory and punitive damages (caps depend on employer size, mirroring Title VII)
• Attorneys’ fees and court costs

Fair Labor Standards Act (FLSA)

The FLSA, enforced by the U.S. Department of Labor’s Wage and Hour Division, covers most San Antonio employers engaged in interstate commerce.

• Minimum Wage: $7.25/hour (Texas does not set a higher rate).
• Overtime: 1.5 times the regular rate for hours worked over 40 in a workweek.
• Child Labor: Limits the hours 14- and 15-year-olds may work and bans hazardous occupations for minors under 18.

Family and Medical Leave Act (FMLA) & Paid Leave Ordinances

The FMLA provides up to 12 weeks of unpaid, job-protected leave for serious health conditions or family care. Although San Antonio passed a paid sick-leave ordinance in 2018, the Texas Legislature pre-empted local paid sick-leave laws in 2023. Therefore, employees must rely on federal FMLA or employer-provided PTO.

Whistleblower Protections

• Texas Whistleblower Act – Applies only to public employees who report violations of law to an appropriate law-enforcement authority (Tex. Gov’t Code § 554.002).
• OSHA 11(c) – Protects private-sector employees who raise safety concerns.

Non-Compete and Non-Disclosure Agreements

Under Tex. Bus. & Com. Code § 15.50, non-compete clauses must be ancillary to an otherwise enforceable agreement and contain reasonable limitations as to time, geography, and scope. Courts in Bexar County often strike down overly broad clauses to protect employees’ livelihoods.

Steps to Take After Workplace Violations

1. Document Everything

Immediately record the date, time, location, and witnesses of each incident. Save emails, pay stubs, scheduling apps, or time-clock screenshots. Texas courts consider contemporaneous records more credible than recollections made months later.

2. Follow Internal Complaint Procedures

Many San Antonio employers have HR portals through platforms like Workday or ADP. Filing an internal complaint can halt misconduct and demonstrates that the employee took reasonable steps to resolve the issue, which may mitigate damages.

3. File an Administrative Charge or Claim

• Discrimination or Harassment: File with either the TWC Civil Rights Division or the EEOC. Dual filing is automatic when you designate one agency; the agencies share data under a work-sharing agreement.
• Unpaid Wages (Texas Payday Law): Submit a wage claim to the TWC within 180 days of the date the wages were due.
• FLSA Claims: File a complaint with the U.S. Department of Labor or proceed directly to federal court after consulting counsel.

4. Mind the Deadlines

Missing a filing deadline usually bars recovery. Use certified mail or the agency’s online portals to obtain timestamped confirmation.

5. Cooperate with the Investigation

Provide any evidence requested by investigators. Retaliation for cooperating is illegal; report it immediately if it occurs.

When to Seek Legal Help in Texas

Signs You Should Contact an Employment Lawyer

• You are facing termination or have been fired for reasons that feel discriminatory or retaliatory.
• Your employer threatens legal action over a non-compete you believe is unenforceable.
• The wage shortage involves large sums or many co-workers, suggesting collective action.
• HR ignores or dismisses your documented complaints.

Choosing an Attorney Licensed in Texas

All attorneys practicing in Texas must hold an active license issued by the State Bar of Texas, comply with continuing legal education (CLE) requirements, and follow the Texas Disciplinary Rules of Professional Conduct. Verify a lawyer’s status at the State Bar’s “Find A Lawyer” directory.

Fee Arrangements and Costs

Many plaintiff-side employment lawyers in the San Antonio area take cases on a contingency fee, meaning the attorney is paid only if money is recovered for you. Others may offer hourly or hybrid agreements. Under the FLSA and TCHRA, prevailing employees can recoup reasonable attorneys’ fees from the employer.

Local Resources & Next Steps for San Antonio Workers

Government Agencies Serving Bexar County

Texas Workforce Commission, San Antonio Workforce Solutions Alamo Office 6723 S. Flores St., Suite 100, San Antonio, TX 78221EEOC San Antonio Field Office 5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229OSHA San Antonio Area Office 4500 Fredericksburg Rd., Suite J-403, San Antonio, TX 78229

Community Organizations

• Equal Justice Center – San Antonio provides free or low-cost representation in wage theft cases.
• RAICES offers workplace rights education for immigrant workers.

Continuing Education and Workforce Training

The Alamo Colleges District and UTSA’s Small Business Development Center offer certificates in HR compliance and labor-law basics, which can help employees and small employers alike prevent legal disputes.

Authoritative External Resources

Texas Labor Code Chapter 21 – TCHRATexas Workforce Commission – How to File a Discrimination ComplaintU.S. Equal Employment Opportunity CommissionU.S. Department of Labor – FLSA Overview

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific; you should consult a licensed Texas attorney regarding your particular 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.