Guide to Texas Employment Law in Houston: Employee Rights

12 min read

Introduction: Why Houston Employees Must Know Their Rights

Houston is the economic heart of Texas, boasting more than 3.1 million workers across energy, health care, aerospace, and a rapidly growing tech sector. With such a diverse workforce come equally diverse workplace challenges—wrongful termination, unpaid overtime, discrimination, retaliation for whistleblowing, and sexual harassment are among the most common disputes reported to the Texas Workforce Commission (TWC) and Equal Employment Opportunity Commission (EEOC). Understanding your rights empowers you to protect your livelihood and pursue fair treatment without fear of employer retaliation. This comprehensive guide—tailored specifically for Houston employees—breaks down Texas workplace laws, key deadlines, and actionable steps you can take today. Quick Takeaways

• Texas is an at-will employment state, but multiple federal and state statutes create exceptions that shield workers from unlawful practices.

• Discrimination claims must usually be filed with the TWC or EEOC within 180 days of the adverse act (up to 300 days in some circumstances).

• Wage and hour claims under the Fair Labor Standards Act (FLSA) carry a two-year statute of limitations—three years if the violation was willful.

• Detailed documentation—emails, time sheets, witness names—can dramatically strengthen your case.

• If your employer refuses to comply, you can escalate to an experienced Texas employment attorney. Louis Law Group offers free case evaluations at 833-657-4812.

Understanding Your Employment Rights in Texas

1. At-Will Employment—But With Limits

Texas subscribes to the at-will doctrine, meaning either employer or employee can terminate the relationship at any time, for any lawful reason—or no reason. The key word is lawful. State and federal statutes carve out several exceptions.

• Public policy exception: You cannot be fired for refusing to perform an illegal act or for reporting unlawful conduct (Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Contract exception: Written employment contracts, collective bargaining agreements, or employer handbooks that create enforceable promises override at-will status.

• Statutory exceptions: Anti-discrimination and wage statutes impose their own prohibitions against retaliatory or discriminatory discharge.

2. Protected Classes Under Federal & Texas Law

Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and Chapter 21 of the Texas Labor Code forbid discrimination based on:

• Race, color, or national origin

• Sex—including pregnancy, sexual orientation, and gender identity

• Religion

• Disability

• Age (40+)

• Genetic information

3. Wage & Hour Protections

The federal Fair Labor Standards Act (FLSA) sets minimum wage ($7.25/hr) and overtime requirements (1.5× regular rate for hours over 40 in a workweek). Texas has adopted the federal minimum, but local ordinances in Houston may impose higher standards on city contractors. Some employees are exempt from overtime (executive, administrative, professional). Misclassification is a common source of wage theft claims.

4. Retaliation Safeguards

Both federal statutes and the Texas Labor Code make it illegal for an employer to punish you for asserting workplace rights—whether you filed a discrimination charge, requested overtime pay, or participated in a coworker’s investigation.

Common Employment Disputes in Texas

Wrongful Termination

If you were fired for a discriminatory reason, refusal to break the law, or after reporting misconduct, you may have a wrongful termination claim even in an at-will context. Proving causation often hinges on timing, comparators (how other employees were treated), and employer statements.

Unpaid Wages & Overtime

Houston sees frequent FLSA collective actions, especially in the energy and service industries where 12-hour shifts are standard. Employers sometimes use day-rates, piece rates, or improper “independent contractor” labels to sidestep overtime. You can recover back pay, an equal amount in liquidated damages, and attorney fees.

Discrimination & Harassment

Texas added sexual orientation and gender identity protections in 2020 following the U.S. Supreme Court’s decision in Bostock v. Clayton County. Harassment is actionable when it is severe or pervasive enough to create a hostile work environment, or when a tangible employment action (firing, demotion) results.

Retaliation & Whistleblower Claims

Retaliation is now the most commonly filed EEOC charge nationwide. Texas public-sector employees gain additional protection under the Texas Whistleblower Act, while private-sector employees rely on federal laws (e.g., Sarbanes-Oxley, Dodd-Frank) and Sabine Pilot.

Texas Legal Protections & Key Deadlines

Texas Labor Code Chapter 21

Mirroring Title VII, Chapter 21 requires you to exhaust administrative remedies by filing with the TWC Civil Rights Division or the EEOC before suing. You have 180 days from the unlawful act (300 days if cross-filed with EEOC) to submit an intake questionnaire.

FLSA Wage Claims

• 2 years for standard violations

• 3 years if you can show the employer’s conduct was willful

Equal Pay Act

EPA claims fall under a two-year (three-year willful) limitations period but do not require EEOC filing first.

Retaliation & Whistleblower

Deadlines vary, but many federal statutes adopt a 180-day filing window. For example, OSHA-related whistleblower complaints generally require filing within 30 days.

TWC Wage Claim Process

Hourly workers owed $5,000 or less in unpaid wages may file a wage claim with TWC within 180 days. TWC investigates, can issue a Wage Determination Order, and may garnish the employer’s bank account if unpaid.

Step-by-Step Action Plan After a Workplace Dispute

1. Document Everything

• Timeline: Create a chronological log of events—dates, times, participants.

• Evidence: Save pay stubs, emails, text messages, performance reviews, and employee handbooks.

• Witnesses: Record names and contact information of coworkers who observed the misconduct.

2. Review Employer Policies

Many Houston companies require internal reporting before external complaints. Failing to follow policy may reduce damages.

3. File Internal Complaint

Submit a written complaint to HR or management outlining the violation, dates, and requested remedy. Keep copies.

4. Consider Alternative Dispute Resolution

Check whether your employment contract mandates arbitration or mediation. While arbitration may limit discovery, it can still award damages.

5. File With TWC or EEOC

If internal procedures fail or retaliation occurs, file a Charge of Discrimination:

• Online: EEOC Public Portal

• In person: EEOC Houston District Office, 1919 Smith Street, Suite 600

• Phone: 1-800-669-4000

Provide a concise statement, identify protected class, adverse action, and request the charge be dual-filed with TWC.

6. Cooperate in Investigation

Respond promptly to investigator requests, submit documents, and suggest witness lists. Keep copies of everything you send.

7. Request Right-to-Sue & Act Quickly

If the agency cannot resolve the dispute, you will receive a Notice of Right-to-Sue:

• Title VII/ADA: 90 days to file in federal or state court

• Texas Labor Code: 60 days to file in state court after TWC dismissal

8. Consult an Employment Attorney

An attorney can evaluate merits, calculate damages, and preserve evidence through litigation holds. Louis Law Group offers free consultations—call 833-657-4812.

When to Seek Legal Help in Texas

While you can self-file certain claims, retaining counsel often increases recovery. Consider hiring an attorney when:

• An internal complaint triggers retaliation or termination.

• You suspect wage theft exceeding $5,000 (TWC jurisdictional limit).

• Your employer is a large corporation with extensive legal resources.

• Deadlines are approaching, or multiple claims overlap (e.g., FLSA and Title VII).

Texas attorneys must be licensed by the State Bar of Texas and in good standing. Look for experience in employment litigation, positive client reviews, and contingency fee options.

Why Louis Law Group?

• Board-Certified Labor & Employment Law specialists

• Proven track record securing six-figure settlements

• No fee unless we win

• Free case evaluation: 833-657-4812

Local Resources & Next Steps

Texas Workforce Commission Employee Rights & Laws EEOC Houston District Office Texas Labor Code Chapter 21 Houston Volunteer Lawyers (HVL)

Take Action Today

If you believe your workplace rights have been violated, do not wait. Evidence fades and deadlines pass quickly. Call Louis Law Group at 833-657-4812 for a free, confidential case evaluation. We can help you enforce your rights, recover lost wages, and hold employers accountable.

Legal Disclaimer: This guide provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Always consult a qualified Texas employment lawyer regarding your specific situation.