Guide to Texas Employment Law in Houston

Introduction

Houston’s dynamic economy — from energy and healthcare to aerospace, shipping, and tech start-ups — attracts millions of workers each year. Yet even in this opportunity-rich environment, employment disputes can derail a career and strain personal finances. Whether you are a nurse at the Texas Medical Center, a technician on the Energy Corridor, or a dockworker at Port Houston, understanding your rights under Texas employment law is essential. Common disputes in Houston include wrongful termination after safety complaints, unpaid overtime for oil-field shifts longer than 12 hours, discrimination based on race, pregnancy, or national origin, and retaliation after filing a workers’ compensation claim.

This comprehensive guide focuses on Texas employment law Houston workers should know, with a slight bias toward protecting employee rights. It breaks down the key statutes, deadlines, and practical steps you can take if you face workplace harassment, wage theft, or other violations. All information is sourced from the Texas Labor Code, the Texas Workforce Commission (TWC), the U.S. Department of Labor, and recent Texas case law to ensure accuracy. Because each dispute is unique, always consider personalized legal advice. Disclaimer: This guide is for educational purposes and does not create an attorney-client relationship.

Understanding Your Employment Rights in Texas

At-Will Employment — What It Really Means

Texas is an at-will state. That means an employer can terminate an employee for any lawful reason — or no reason at all — without prior notice. However, an employer cannot fire you for an illegal reason, such as discrimination, retaliation, or refusing to commit an unlawful act. Texas Labor Code § 21.051 mirrors federal protections under Title VII of the Civil Rights Act of 1964, making it illegal to discriminate based on race, color, national origin, sex (including pregnancy and sexual orientation), religion, disability, age (40+), or genetic information.

Wage and Hour Basics

Texas follows the federal Fair Labor Standards Act (FLSA) for minimum wage ($7.25 per hour) and overtime (time-and-a-half for hours over 40 in a workweek). While Houston’s cost of living rises, the legal minimum wage has not kept pace, prompting many local workers to allege wage theft. Common violations include employers misclassifying employees as independent contractors to avoid overtime and forcing “off-the-clock” work before or after official shifts.

Federal Protections Layered on Texas Law

In addition to the Texas Labor Code, employees in Houston enjoy federal safeguards:

• FLSA — Governs minimum wage, overtime, and record-keeping.

• Family and Medical Leave Act (FMLA) — Up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons.

• Americans with Disabilities Act (ADA) — Requires reasonable accommodations absent undue hardship.

• Occupational Safety and Health Act (OSHA) — Guarantees a safe workplace, critical for Houston’s petrochemical and construction sectors.

Common Employment Disputes in Texas

Wrongful Termination

Although at-will employment gives employers broad discretion, termination based on protected characteristics or in retaliation for protected activity is unlawful. Example: An engineer reports safety concerns about refinery equipment and is fired two weeks later. If the firing is linked to the complaint, it may constitute wrongful termination.

Retaliation and Whistleblower Claims

Both Texas and federal laws protect employees who report illegal conduct. Under Texas Labor Code § 451.001, employers may not retaliate against an employee for filing a workers’ compensation claim. Likewise, the Sarbanes-Oxley and Dodd-Frank Acts protect whistleblowers in publicly traded companies.

Wage and Hour Violations

Houston’s industries often require long shifts. Oil-field service employees, for instance, might work 14-day hitches. If those hours exceed 40 per week and the employee is non-exempt, overtime is mandatory. Common tactics used by employers to dodge overtime include:

• Misclassifying hourly workers as salaried exempt.

• Auto-deducting meal breaks even when employees work through lunch.

• Failing to compensate travel time between job sites.

Discrimination and Harassment

According to the EEOC, Texas ranks among the top five states in annual discrimination charges. Houston’s diverse workforce means national origin, race, and religion discrimination claims are frequent. Sexual harassment also remains prevalent, especially in male-dominated industries such as construction and shipping.

Texas Legal Protections & Regulations

Texas Labor Code and Key Statutes

The primary state statutes include:

• Texas Labor Code Chapter 21 — Mirrors federal discrimination protections.

• Texas Payday Law (Ch. 61) — Enables workers to recover unpaid wages via the TWC.

• Texas Minimum Wage Act (Ch. 62) — Aligns with the federal minimum wage.

For direct access to statutory language, review the Texas Labor Code Chapter 21.

Texas Workforce Commission (TWC) Complaint Process

The TWC handles wage claims and employment discrimination through its Civil Rights Division. Key deadlines:

• Wage claim: must be filed within 180 days of the wage due date.

• Discrimination charge: file with TWC or EEOC within 300 days of the adverse action (because Texas is a deferral state with a Fair Employment Practices agency).

More details are available from the official Texas Workforce Commission Employee Rights page.

Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws. Houston residents file charges through the EEOC’s Houston District Office (1919 Smith St., 6th Floor). The EEOC often cross-files your complaint with the TWC, thereby preserving the 300-day deadline.

Contact information can be found on the EEOC Houston Office.

Statutes of Limitation for Court Actions

• Title VII, ADA, ADEA: 90 days to sue after receiving a right-to-sue letter from the EEOC.

• FLSA wage claims: 2 years (3 years for willful violations).

• Retaliation under Texas Labor Code § 451: 2 years.

• Whistleblower Act (public employees): 90 days after employer’s adverse action.

Steps to Take After an Employment Dispute

Document Everything

- Keep emails, text messages, performance reviews, and pay stubs.

- Preserve timesheets and any audio or video evidence, if legally obtained.

Report Internally

- Consult your employee handbook for grievance procedures.

- Submit complaints in writing to HR or a designated supervisor.

File an External Charge or Claim

- Discrimination: File with the TWC Civil Rights Division or EEOC within 300 days.

- Unpaid wages: File a Texas Payday Law claim with TWC within 180 days.

- OSHA safety concerns: File a complaint within 30 days of retaliation.

Preserve Deadlines

- Mark the date of the adverse action and set calendar reminders.

- Request a right-to-sue letter from the EEOC promptly if you intend to sue.

Seek Legal Counsel

- An attorney can calculate damages, negotiate severance, and navigate complex procedures.

When to Seek Legal Help in Texas

Certain red flags suggest you should contact a Texas employment attorney immediately:

• You have been fired within days of making a protected complaint.

• Your employer destroys or withholds payroll records.

• You signed an arbitration agreement or non-compete and are unsure of its enforceability.

• Management threatens deportation or reports to ICE after you assert wage rights.

Texas courts require attorneys to be licensed by the State Bar of Texas and in good standing. Louis Law Group’s employment lawyers handle cases across Harris County, Fort Bend County, and Montgomery County, appearing in both state and federal courts, including the Southern District of Texas. The firm offers contingency-fee arrangements, meaning no attorney’s fee unless you recover compensation.

If you believe your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation.

Local Resources & Next Steps

Houston Bar Association LegalLine — Free 20-minute telephone consultations on the first and third Wednesday of each month.

• Texas Workforce Commission — Houston Workforce Solutions offices provide in-person assistance for wage claims.

• EEOC Houston District Office — Schedule intake interviews online or by calling 1-800-669-4000.

• Houston Equal Rights Ordinance (HERO) Help Desk — City assistance for municipal employees and contractors.

Houston’s competitive labor market means employers are often represented by sophisticated counsel. Level the playing field by consulting a knowledgeable advocate. Contact Louis Law Group today at 833-657-4812 for a no-cost, confidential review of your potential claims.