Employment Lawyers Near Me – Employment Law in El Paso, Texas

Introduction: Why El Paso Workers Need a Local Employment Law Guide

From the nation’s largest inland military base at Fort Bliss to cross-border logistics, education, health care, and a growing tech sector, El Paso’s economy employs more than 340,000 workers. Whether you are loading containers at the Ysleta–Zaragoza Port of Entry, teaching at the University of Texas at El Paso, or writing code for an emerging software start-up in the Downtown Innovation District, knowing your workplace rights is essential. Texas follows the at-will employment doctrine, which generally allows employers to terminate employees for any lawful reason—or no reason at all—unless the firing violates a statute, an employment contract, or public policy. This guide explains those exceptions, highlights common violations, summarizes key federal and Texas statutes, and outlines practical steps El Paso employees can take when problems arise.

The content below relies exclusively on 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), court decisions from the Fifth Circuit and Texas appellate courts, and official guidance from the Texas Workforce Commission (TWC) and the U.S. Equal Employment Opportunity Commission (EEOC).

Understanding Your Employment Rights in Texas

1. Texas Is an At-Will State—With Important Exceptions

Under Texas common law, employment is presumed at-will. However, federal and state statutes carve out significant exceptions:

• Discrimination or Retaliation based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40+), or genetic information is prohibited by Title VII, the ADA, the Age Discrimination in Employment Act (ADEA), and Chapter 21 of the Texas Labor Code (also known as the Texas Commission on Human Rights Act).

• Refusal to Perform Illegal Acts: In Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), the Texas Supreme Court recognized a narrow public-policy exception allowing a wrongful-termination claim when an employee is fired solely for refusing to commit an illegal act.

• Protected Leave under the Family and Medical Leave Act (FMLA) for eligible employees at covered employers.

• Whistleblower Protections for public employees under Texas Government Code § 554.002 and for certain private-sector workers under federal laws such as the Sarbanes-Oxley Act.

2. Wage and Hour Rights Under the FLSA and Texas Law

The Fair Labor Standards Act establishes a federal minimum wage of $7.25 per hour—which is also the minimum wage in Texas—and requires overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, unless an exemption applies. The Texas Payday Law (Texas Labor Code Chapter 61) ensures that employees receive timely payment of wages. The statute empowers the Texas Workforce Commission to investigate wage claims and issue orders for unpaid wages.

3. Right to a Safe Workplace

The Occupational Safety and Health Act (OSH Act) guarantees employees the right to work in conditions free from recognized hazards. Workers may file complaints with OSHA’s El Paso Area Office without fear of retaliation.

4. Protected Concerted Activity

Even in non-union workplaces, Section 7 of the National Labor Relations Act (NLRA) protects employees who act together to improve terms and conditions of employment.

Common Employment Law Violations in Texas

Although Texas employers must comply with the statutes above, violations still occur. El Paso employees most frequently report the following issues:

1. Wage Theft and Misclassification

According to studies cited by the TWC, the service and construction sectors along the U.S.–Mexico border experience higher rates of wage theft. Misclassifying employees as independent contractors can unlawfully deny overtime, benefits, and tax protections.

2. Discrimination and Harassment

Title VII and Chapter 21 of the Texas Labor Code prohibit discrimination. Harassment becomes unlawful when it creates a hostile work environment or results in a tangible employment action such as demotion or termination. In Royal v. CCC&R Tres Arboles, L.L.C., 736 F.3d 396 (5th Cir. 2013), the Fifth Circuit reiterated that employers are liable when they know (or should know) about harassment and fail to act.

3. Retaliation

Retaliation claims have risen steadily; in fiscal year 2023, retaliation made up more than 34% of all charges filed with the EEOC’s San Antonio Field Office, which covers El Paso. Texas law mirrors federal protections, making it unlawful to punish employees for engaging in protected activity such as reporting discrimination or filing wage claims.

4. Failure to Provide Reasonable Accommodations

Both the ADA and Chapter 21 of the Texas Labor Code require employers with 15 or more employees to provide reasonable accommodations to qualified workers with disabilities, unless doing so would pose an undue hardship.

5. Wrongful Termination in Violation of Public Policy

Although rare, firings that violate the limited public-policy exception—like being terminated solely for refusing to dump toxic waste illegally—can support a Sabine Pilot claim in Texas courts.

Texas Legal Protections & Employment Laws

1. Anti-Discrimination Statutes

• Title VII of the Civil Rights Act of 1964—applies to employers with 15+ employees.

• Texas Commission on Human Rights Act (Texas Labor Code §§ 21.001–21.556)—mirrors Title VII but also covers age discrimination and retaliation claims at the state level.

Statute of Limitations:

• Administrative charge must be filed with the EEOC or TWC Civil Rights Division within 180 days of the discriminatory act to preserve claims under Chapter 21. If filed with the EEOC first, the window extends to 300 days because Texas is a deferral state.

• After receiving a Right-to-Sue letter, the employee has 90 days (federal claims) or 60 days (Texas claims) to file a lawsuit.

2. Wage and Hour Laws

• FLSA—2-year limitation for unpaid wage claims (3 years if the violation is willful).

• Texas Payday Law—Employees must file a wage claim with the TWC within 180 days of the date the wages were due.

3. Family and Medical Leave Act (FMLA)

Provides up to 12 weeks of unpaid, job-protected leave. Employees must work for a covered employer (50+ employees within 75 miles) and have at least 1,250 hours of service in the prior 12 months.

4. Workers’ Compensation Retaliation

Texas Labor Code § 451.001 prohibits employers from firing or discriminating against employees for filing a workers’ compensation claim.

5. Military Leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the many El Paso reservists and National Guard members stationed at Fort Bliss.

Steps to Take After Workplace Violations

1. Document Everything

Maintain a contemporaneous log of dates, times, witnesses, and copies of emails or texts. Documentation can tip the balance in administrative proceedings or litigation.

2. Review Employer Policies

Most employers publish anti-harassment and grievance procedures. Following internal channels first can demonstrate reasonableness and preserve legal rights.

3. File an Internal Complaint

Submit a written complaint to HR or a designated supervisor. Retain proof of submission.

4. Contact the Appropriate Agency

• Discrimination or Retaliation: File with the EEOC or TWC Civil Rights Division.

• Wage Claims: File a Texas Payday Law claim with the TWC or a complaint with the U.S. Department of Labor’s Wage and Hour Division.

• Safety Issues: Contact OSHA’s El Paso Area Office.

5. Meet Deadlines

Missing the 180-day deadline (300 days at EEOC) or the 2-year FLSA limitations period can bar recovery. Calendar all critical dates.

6. Consult a Licensed Texas Employment Lawyer

The State Bar of Texas regulates attorney licensing. Verify that the lawyer is in good standing through the bar’s website before retaining counsel.

When to Seek Legal Help in Texas

Some issues, such as a manager’s rude remarks, may not rise to the level of legal violations. The following scenarios, however, almost always warrant immediate legal advice:

• You received a Right-to-Sue letter and the 90-day clock is ticking.

• You were terminated after refusing to violate the law, reporting discrimination, or requesting an accommodation.

• Your employer misclassified you as an independent contractor to avoid overtime.

• You are negotiating a severance agreement or non-compete clause.

• You face systemic harassment or retaliation that management refuses to address.

An experienced employment lawyer will evaluate your claims, calculate damages, and meet strict filing deadlines. In contingent-fee arrangements common for wage and discrimination cases, the lawyer is paid only if you recover.

Local Resources & Next Steps

• EEOC El Paso Local Office (part of the San Antonio Field Office): 300 East Main Street, Suite 500, El Paso, TX 79901. Phone: 915-534-6535.

• Texas Workforce Commission—Workforce Solutions Borderplex: 8825 N. Loop Drive, Suite 122, El Paso, TX 79907. Phone: 915-887-2600.

• OSHA El Paso Area Office: 1781 N. Zaragoza Road, Suite 120, El Paso, TX 79936.

• United States District Court, Western District of Texas—El Paso Division: 525 Magoffin Avenue, El Paso, TX 79901.

Further reading and official guidance can be found at the following authoritative links:

Complete Texas Labor Code Texas Workforce Commission Wage Claim Process EEOC San Antonio & El Paso Field Office Information U.S. Department of Labor FLSA Overview

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws change frequently, and the application of law to any given set of facts may vary. For advice on your particular situation, consult a licensed Texas employment attorney.

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.