Employment Lawyer Midland Texas: Workers’ Rights Guide

Introduction: Employment Law Issues in Midland, Texas

As the unofficial capital of the Permian Basin, Midland’s economy revolves around oil, gas, and the growing logistics, healthcare, and renewable-energy sectors. Whether you work on a drilling rig off State Highway 349, run payroll for a downtown service company, or stock shelves at Midland Park Mall, you are protected by both federal and Texas employment laws. Understanding those protections is essential before you search for an employment lawyer Midland Texas or decide how to respond to workplace misconduct. This guide summarizes your most important rights, explains the unique features of Texas law, and offers step-by-step advice—all backed by authoritative statutes and agency procedures.

Understanding Your Employment Rights in Texas

1. The At-Will Doctrine—And Its Limits

Texas follows the at-will employment rule: unless you have a valid contract, either you or your employer can end the relationship at any time, for any lawful reason, or for no reason at all. However, there are critical exceptions:

• Discrimination: Termination or adverse actions based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, disability, age (40+), or genetic information are forbidden under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and Texas Labor Code Chapter 21.

• Retaliation: It is unlawful to punish an employee for filing a complaint, participating in an investigation, requesting accommodation, or reporting illegal conduct.

• Refusal to perform illegal acts: An employer cannot fire you for refusing to perform an act that would subject you to criminal penalties. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).

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

• Whistleblower Protections: Public employees are shielded under the Texas Whistleblower Act (§554.002).

2. Wages, Overtime, and Payday Rules

The Fair Labor Standards Act (FLSA) sets federal minimum wage ($7.25/hr) and overtime at 1.5× regular rate for hours over 40 in a workweek. Texas adopts the same minimum, but the state also enforces its own Texas Payday Law (Labor Code Chapters 61 and 62) requiring timely payment of earned wages, commissions, and bonuses. Most Midland oil-field technicians, retail staff, and office administrators are non-exempt and thus entitled to overtime unless they meet narrow executive, administrative, or professional exemptions spelled out in 29 C.F.R. Part 541.

3. Safety and Health

Because the Permian Basin remains one of the most hazardous industrial zones in the country, Midland workers should know that the Occupational Safety and Health Act (OSHA) guarantees the right to a workplace free from recognized hazards. Employees may request an OSHA inspection and are protected from retaliation for doing so.

4. Family and Medical Leave

The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave for serious health conditions, new child bonding, or qualifying military reasons. Employers with 50+ employees within a 75-mile radius—covering most of Midland’s large energy companies—must comply.

Common Employment Law Violations in Texas

1. Unpaid Overtime in the Oil and Gas Sector

Field engineers, pump operators, and roustabouts often work 60–80 hours per week yet are misclassified as “independent contractors” or “exempt” salaried employees. The U.S. Department of Labor has recovered millions in back wages from Permian Basin employers for this very practice.

2. Sexual Harassment in Male-Dominated Worksites

Texas Labor Code §21.141 mirrors Title VII’s prohibition on harassment “because of sex.” Offensive remarks or unwanted touching from supervisors or crew members may be actionable, and Midland’s oil-field camps have generated several EEOC charges in the past decade.

3. Retaliatory Firings After Injury Reports

In a high-risk environment, injuries happen. Firing a derrick hand for reporting a crushed finger or for filing a workers’ comp claim violates §451.001 and can lead to reinstatement, back pay, and exemplary damages.

4. Discrimination Against Pregnant or Nursing Employees

The Pregnancy Discrimination Act (amending Title VII) and the PUMP Act require reasonable breaks and private spaces for nursing mothers. Some Midland employers still deny these accommodations, exposing themselves to liability.

5. Failure to Provide Final Paychecks

Under the Texas Payday Law, final wages are due within six calendar days after an involuntary termination. Delays can trigger administrative penalties and attorneys’ fees.

Texas Legal Protections & Employment Laws

1. Key Statutes

• Texas Labor Code Chapter 21 (Texas Commission on Human Rights Act) — Discrimination & retaliation provisions.

• Title VII of the Civil Rights Act of 1964 — Federal anti-discrimination baseline.

• Fair Labor Standards Act (FLSA) — Minimum wage and overtime.

• Americans with Disabilities Act (ADA) — Disability discrimination and accommodation.

• Texas Payday Law — Timely wage payment.

2. Statutes of Limitations

• EEOC/TWC Discrimination Claims: 300 days to file with the EEOC, but only 180 days with the Texas Workforce Commission if you bypass the EEOC. Dual-filing automatically covers both agencies.

• Workers’ Compensation Retaliation: Two years from the date of discriminatory act.

• FLSA Wage Claims: Two years (three if the violation is “willful”).

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

• Sabine Pilot Wrongful Discharge: Two years.

3. How Administrative Complaints Work

The EEOC and the Texas Workforce Commission (TWC) maintain a work-sharing agreement. Filing with one generally cross-files with the other, preserving federal and state rights. After investigation, these agencies issue a Notice of Right to Sue—90 days (federal) or 60 days (state) to file in court. Missing these deadlines can doom an otherwise strong claim, so many workers hire counsel early.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, emails, text messages, and incident reports. Note dates, times, witnesses, and specific comments. Your employment lawyer Midland Texas will rely on this paper trail.

2. Follow Internal Policies

Use your employer’s handbook complaint procedures first when reasonable. Courts often ask whether you gave the company a chance to fix the problem—especially in harassment cases (the Faragher/Ellerth defense).

3. File Timely Administrative Charges

Discrimination and retaliation claims generally require an EEOC or TWC charge before lawsuit. Complete Form 5 with factual details, sign, and submit in person, by mail, or online via the EEOC Public Portal.

4. Consider OSHA or DOL Complaints

For safety issues or wage theft, you may contact OSHA or the U.S. Department of Labor Wage and Hour Division. The DOL’s complaint form, WH-3, can be filed anonymously.

5. Seek Medical Treatment if Injured

Prompt treatment protects your health and establishes causation. Texas Workers’ Compensation rules require notice to the employer within 30 days of injury.

6. Consult Qualified Counsel

A lawyer can evaluate claims, preserve evidence, and calculate damages before critical deadlines expire.

When to Seek Legal Help in Texas

Texas has no state-funded legal aid dedicated solely to employment rights in Midland, and contingency-fee representation is common. You should speak with an attorney licensed by the Supreme Court of Texas and preferably board-certified in Labor and Employment Law by the Texas Board of Legal Specialization when:

• You have received a Notice of Right to Sue and must file suit within 90 days.

• Your unpaid wages exceed a few thousand dollars—DOL back-pay campaigns can be slow.

• You were terminated for protected activity or face ongoing harassment.

• You are asked to sign a severance or non-compete agreement.

Midland’s courthouse (United States District Court for the Western District of Texas, Midland-Odessa Division) is located at 200 East Wall Street, less than a mile from Centennial Park, making local counsel familiar with its docket invaluable.

Local Resources & Next Steps

• Workforce Solutions Permian Basin: 3600 N. A Street, Ste. 210, Midland, TX—Job services and wage claim guidance.

• EEOC San Antonio Field Office: Serves Midland; call 800-669-4000.

EEOC Official Site — Online charge filing and mediation. U.S. DOL Wage & Hour Division — FLSA resources and complaint form. Texas Labor Code Chapter 21 — Full statutory text.

Armed with knowledge of Texas employment law and Midland workplace realities, you can better protect your career, health, and finances. Prompt action often makes the difference between a successful claim and a missed opportunity.

Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws change, and individual circumstances vary. Consult a licensed Texas 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.