Employment Lawyer Guide: Workplace Rights in DeSoto, Texas

Introduction: Why DeSoto Workers Need to Know Their Rights

DeSoto, Texas sits just south of Dallas in the booming Best Southwest region. Whether you clock in at a logistics hub along Interstate 35E, serve students in the DeSoto Independent School District, or commute to a health-care campus in Dallas County, you are protected by a web of state and federal employment laws. Yet many employees still lose wages, benefits, or even their jobs simply because they do not know what those protections are or how quickly deadlines arrive. This guide—written with a slight bias toward protecting workers—explains the essentials of Texas employment law, highlights common violations, and details the local complaint procedures that employees in DeSoto must follow to preserve their claims.

All facts below derive from authoritative sources, including Chapter 21 of the Texas Labor Code (Texas Commission on Human Rights Act), Chapter 61 (Texas Payday Law), the Fair Labor Standards Act (29 U.S.C. §§201 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the Americans with Disabilities Act, and published opinions from Texas and federal courts. Where Texas law differs from federal law, the stricter protection for employees is emphasized. Because Texas is an at-will employment state, the guide also identifies key exceptions that limit an employer’s ability to fire workers without cause.

Understanding Your Employment Rights in Texas

Texas At-Will Employment Doctrine—and Its Exceptions

In Texas, employment is generally at will, meaning either the employer or the employee can end the relationship at any time and for almost any reason. This doctrine is a common-law rule recognized by the Texas Supreme Court in East Line & R.R.R. Co. v. Scott, 72 Tex. 70 (1888), and reaffirmed in Montgomery County Hosp. Dist. v. Brown, 965 S.W.2d 501 (Tex. 1998). However, the rule has important exceptions:

• Statutory protections. Employers may not terminate or discipline employees for reasons prohibited by Chapter 21 of the Texas Labor Code (race, sex, religion, national origin, age, disability) or Title VII, the ADA, the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA).

• Refusal to perform illegal acts. In Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), the Texas Supreme Court created a narrow public-policy exception protecting employees who refuse to carry out illegal instructions.

• Workers’ compensation retaliation. Texas Labor Code §451.001 bars employers from retaliating against workers who file or intend to file a workers’ compensation claim.

• Public-sector whistleblowers. Public employees are protected under the Texas Whistleblower Act, Tex. Gov’t Code §554.002, when reporting violations of law to appropriate authorities.

• Contractual obligations. Union collective-bargaining agreements, individual employment contracts, or employee handbooks (in limited circumstances) can override at-will status.

Wage and Hour Rights

The Fair Labor Standards Act (FLSA) sets the federal minimum wage ($7.25/hour) and overtime rules (time-and-a-half for hours worked beyond 40 in a workweek). Texas adopts the federal minimum wage through Tex. Labor Code §62.051. The Texas Payday Law, Tex. Labor Code Chapter 61, requires timely payment of all wages owed and provides an administrative claim procedure through the Texas Workforce Commission (TWC).

Anti-Discrimination Protections

Employees in DeSoto are covered by both federal and state discrimination statutes:

• Title VII—race, color, religion, sex (including pregnancy, childbirth, sexual orientation, and gender identity), national origin.

• Texas Commission on Human Rights Act (TCHRA), Tex. Labor Code §§21.001-21.556—mirrors Title VII and extends to employers with 15 or more employees.

• ADA—disability discrimination and reasonable accommodations.

• ADEA—prohibits age discrimination against workers age 40 and older.

Leave and Benefits

• Family and Medical Leave Act (FMLA)—up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons; applies to employers with 50 or more employees within 75 miles.

• Uniformed Services Employment and Reemployment Rights Act (USERRA)—protects returning service members.

• COBRA—continuation of group health benefits after qualifying events.

Common Employment Law Violations in Texas

Based on administrative data from the Texas Workforce Commission and the Equal Employment Opportunity Commission (EEOC), the following issues routinely affect workers in the Dallas–Fort Worth metroplex and DeSoto:

• Unpaid Overtime. Misclassifying employees as exempt or as independent contractors leads to unpaid overtime. FLSA collective actions have been filed in the Northern District of Texas against logistics, oil-field services, and IT companies.

• Retaliation. Retaliation claims now outnumber original discrimination claims nationwide. Texas Labor Code §21.055 bars retaliation for opposing discriminatory practices or participating in investigations.

• Race and National Origin Discrimination. Dallas EEOC office statistics (FY 2023) list race as the most frequent charge basis in Texas.

• Pregnancy Accommodation Failures. Under the Pregnant Workers Fairness Act (effective June 2023) and Tex. Labor Code §21.1065 (reasonable workplace accommodations), DeSoto employees must receive modifications like light duty or breaks when medically necessary.

• Misuse of Non-Compete Agreements. Texas Business & Commerce Code §15.50 permits non-competes only when reasonable in time, geography, and scope.

Texas Legal Protections & Employment Laws

Key Statutes Every DeSoto Employee Should Know

• Texas Labor Code Chapter 21—State anti-discrimination framework; requires filing a charge within 180 days.

• Texas Labor Code Chapter 61 (Payday Law)—Allows wage claims through TWC within 180 days of the wage becoming due.

• Texas Labor Code §451.001—Workers’ compensation retaliation.

• FLSA—2-year statute of limitations (3 years for willful violations) to sue.

• Title VII/ADA/ADEA—File an EEOC charge within 300 days because Texas is a “deferral state.”

Statutes of Limitations at a Glance

• Discrimination (state): 180 days to file with TWC Civil Rights Division.

• Discrimination (federal): 300 days to file with EEOC Dallas District Office.

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

• FLSA overtime: 2 years (3 years if willful) to file in court.

• Workers’ compensation retaliation: 2 years from discharge or discrimination.

Complaint Procedures: EEOC and Texas Workforce Commission

DeSoto workers can dual-file discrimination claims with both the EEOC and TWC because of a work-sharing agreement. You may submit in person, by mail, or online:

• EEOC Dallas District Office—207 S. Houston Street, 3rd Floor, Dallas, TX 75202; phone 800-669-4000.

• TWC Civil Rights Division—1117 Trinity Street, Austin, TX 78701; phone 888-452-4778.

For unpaid wages, file a wage claim with TWC Labor Law Department, 101 E. 15th St., Austin, TX 78778, or use the online portal. Exhaustion of administrative remedies is generally required before filing suit for discrimination claims in court.

Steps to Take After Workplace Violations

1. Document Everything

Collect pay stubs, work schedules, performance reviews, emails, and witness statements. Texas courts, including the Fifth Circuit, weigh contemporaneous records heavily when assessing credibility.

2. Review Company Policies

An employee handbook may impose shorter deadlines for internal appeals or arbitration. Federal law (e.g., Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018)) enforces arbitration agreements, although unconscionability arguments may apply under Texas contract law.

3. File Prompt Administrative Charges

Missing the 180- or 300-day window can bar your discrimination claim. The EEOC’s online portal timestamps filings immediately.

4. Cooperate with Investigations—but Protect Yourself

You may bring a representative or attorney to EEOC interviews. Retaliation for participating in an investigation is illegal under Tex. Labor Code §21.055 and 42 U.S.C. §2000e-3.

5. Consider Mediation or Settlement

Both EEOC and TWC offer voluntary mediation. Under 29 C.F.R. §1601.24, successful settlement agreements are enforceable in federal court.

6. File a Civil Lawsuit If Needed

After receiving a Notice of Right to Sue (typically 90 days), you may file suit in federal or state court. The Northern District of Texas—Dallas Division frequently hears FLSA and Title VII cases from DeSoto workers.

When to Seek Legal Help in Texas

Although some administrative processes are designed for self-representation, consulting an employment lawyer in DeSoto, Texas early can preserve evidence, identify co-workers as comparators, and calculate lost wages or future front pay. Texas attorneys must be licensed by the State Bar of Texas and can pursue board certification in Labor & Employment Law through the Texas Board of Legal Specialization.

Consider hiring counsel when:

• Termination follows a protected complaint (retaliation).

• The employer offers severance with a waiver of claims—Older Workers Benefit Protection Act (OWBPA) rules may apply.

• The case may evolve into a collective or class action (e.g., misclassification).

• You need temporary restraining orders to halt ongoing harassment.

Local Resources & Next Steps

DeSoto and Dallas-Area Agencies

• Workforce Solutions Greater Dallas—South Dallas/DeSoto Office: 1001 N. Beckley Rd., Lancaster, TX 75146. Provides job placement and labor-market information.

• Dallas County Law Library: 600 Commerce St., Dallas, TX 75202. Access to Texas and federal employment statutes and case law.

• DeSoto Public Library: 211 E. Pleasant Run Rd., DeSoto, TX 75115. Offers public computer access for EEOC and TWC online filings.

Authoritative Statutory and Regulatory Links

Texas Labor Code Chapter 21 – Employment Discrimination U.S. Department of Labor – FLSA Overview EEOC – How to File a Charge TWC – How to Submit a Wage Claim

Legal Disclaimer: This guide provides general information for employees in DeSoto, Texas. It is not legal advice and does not create an attorney-client relationship. Consult a licensed Texas employment attorney for advice about 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.