Guide to Texas Employment Law in Lubbock: Know Your Rights

Texas Employment Law in Lubbock: A Complete Guide for Workers

11 min read

Introduction: Why Knowing Your Rights Matters in Lubbock, Texas

Lubbock’s economy is driven by healthcare, education, agriculture, and a growing tech sector. While these industries create jobs, they also generate a wide range of workplace disputes—from unpaid overtime at a cotton processing plant to retaliation against a hospital whistleblower. Understanding your rights under Texas and federal law is essential if you want to protect your livelihood, hold employers accountable, and preserve future career opportunities.

This guide walks employees through the most common employment disputes in Lubbock, Texas—wrongful termination, wage and hour violations, discrimination, retaliation, and harassment. We break down the relevant statutes, deadlines, and complaint procedures, and we offer an action plan you can follow immediately. Although we lean slightly in favor of employees, we rely only on verified, authoritative sources such as the Texas Workforce Commission (TWC), the U.S. Equal Employment Opportunity Commission (EEOC), the Texas Labor Code, and recent case law from Texas courts. Employment problems rarely resolve themselves. The sooner you understand your options, the better positioned you are to negotiate a fair resolution or, if necessary, bring a legal claim. If you believe your employer has violated your workplace rights, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

At-Will Employment with Important Exceptions

Texas is an at-will employment state, which means an employer can terminate an employee for any legal reason—or no reason at all—so long as the reason is not unlawful. The flip side is that employees may also quit at any time. Despite this broad rule, multiple statutory and common-law exceptions protect workers in Lubbock:

• Anti-discrimination statutes: Federal Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Texas Labor Code Chapter 21 all prohibit firing or discipline based on protected characteristics.

• Public-policy exception: Texas courts recognize a narrow wrongful-termination claim if an employee is fired for refusing to perform an illegal act.

• Contractual protections: Individual employment agreements, collective-bargaining agreements, and enforceable employee handbooks can alter at-will status.

Protected Classes Under Federal and Texas Law

Both federal and Texas law prohibit employment discrimination on the basis of race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), age (40+), disability, and genetic information. Texas Labor Code §21.055 further protects workers from retaliation for opposing discriminatory practices or participating in investigations.

Wage and Hour Protections

The federal Fair Labor Standards Act (FLSA) sets the minimum wage ($7.25/hour) and overtime rules (time-and-a-half for hours over 40 in a workweek). Texas mirrors the federal minimum wage in Tex. Labor Code §62.051. Local governments in Texas cannot set a higher minimum wage except through contracts. Key points for Lubbock workers:

• Overtime eligibility: Exemptions are narrow; many “salaried” employees still qualify for overtime.

• Tip credits: Employers may pay as little as $2.13/hour if tips bring the total to minimum wage, but they must follow strict notice rules.

• Wage deductions: Texas Labor Code §61.018 bars deductions unless expressly authorized in writing or required by law.

Federal Protections Reinforce Texas Rights

In addition to Title VII and the FLSA, several federal statutes protect Texas employees:

• Family and Medical Leave Act (FMLA): Up to 12 weeks of unpaid, job-protected leave.

• Occupational Safety and Health Act (OSHA): Guarantees safe working conditions and prevents retaliation for safety complaints.

• Sarbanes-Oxley (SOX) & Dodd-Frank: Shield certain whistleblowers in publicly traded or financial-services companies.

Common Employment Disputes in Texas

Wrongful Termination

While at-will employment gives employers broad discretion, terminations based on discrimination, retaliation, or a refusal to perform illegal acts remain unlawful. In Safeshred, Inc. v. Martinez, 365 S.W.3d 655 (Tex. 2012), the Texas Supreme Court allowed a wrongful-termination suit where the employee refused to commit an illegal act.

Retaliation for Whistleblowing

Retaliation claims constitute nearly half of all charges filed with the EEOC’s Dallas District, which covers Lubbock. Protected activities include reporting discrimination, filing a workers’ compensation claim, or complaining about unpaid overtime. Texas Labor Code §451.001 specifically prohibits retaliation against employees who file or pursue workers’ compensation claims.

Wage and Hour Violations

With agriculture and food-processing central to Lubbock’s economy, overtime and misclassification issues are common. Employers often label workers “independent contractors” or “managers” to avoid paying overtime. Under the FLSA, job duties—not titles—determine exempt status. Common red flags include failing to pay workers for prep time or off-the-clock work.

Workplace Discrimination and Harassment

Discrimination can occur during hiring, promotions, pay, or termination. Harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment. Texas Labor Code §21.106 now clarifies that sexual harassment liability extends to businesses with one or more employees (previously five).

Denial of Reasonable Accommodations

Employers covered by the ADA and Texas Labor Code must provide reasonable accommodations for qualified disabilities unless it causes undue hardship. Examples include modified schedules for employees at Covenant Health or adaptive equipment for Texas Tech University staff.

Texas Legal Protections & Regulations

Texas Labor Code and Administrative Enforcement

The Texas Labor Code houses most state-level worker protections:

• Chapter 21 (Texas Commission on Human Rights Act, or TCHRA): Mirrors Title VII anti-discrimination protections and applies to employers with 15+ workers (sexual harassment claims apply starting at one employee).

• Chapter 61 (Texas Payday Law): Provides administrative remedies for unpaid wages via the TWC.

• Chapter 62 (Texas Minimum Wage Act): Mirrors the FLSA but allows TWC enforcement.

EEOC and Texas Workforce Commission (TWC) Dual Filing

Texas is a “deferral state,” meaning discrimination charges may be filed with either the EEOC or the TWC Civil Rights Division. Under a work-sharing agreement, filing with one agency generally satisfies the deadline for both.

• Deadline: 300 days from the discriminatory act to file with EEOC/TWC when state law also covers the claim; otherwise 180 days.

• Location: Lubbock residents typically file through the EEOC Dallas District Office or the TWC’s Austin headquarters (files can be started online).

• Right-to-sue letter: Needed before filing a discrimination lawsuit in court. Under TCHRA, you must wait 180 days after filing to sue unless the investigation ends sooner.

Statutes of Limitations for Other Claims

Claim TypeStatuteDeadline to File

Unpaid wages via TWCTex. Labor Code §61.051180 days after wages became due FLSA lawsuit29 U.S.C. §2552 years (3 if willful violation) Workers’ comp retaliationTex. Labor Code §451.0012 years Sabine Pilot wrongful terminationCommon law2 years FMLA interference/retaliation29 U.S.C. §2617(c)2 years (3 if willful)

Recent Texas Court Decisions to Know

• Helix Energy Solutions Group, Inc. v. Hewitt (U.S. Sup. Ct. 2023) clarified that high-earning “day-rate” workers still qualify for overtime without a salary basis.

• Texas Tech Univ. Health Sciences Ctr. v. Flores, No. 21-0351 (Tex. 2022) highlighted state-agency liability under TCHRA for gender discrimination.

Steps to Take After an Employment Dispute

1. Document Everything

Begin a timeline of events: dates, times, witnesses, and copies of relevant documents—emails, performance reviews, pay stubs. In Texas you may legally record a conversation if you are a party to it (one-party consent). Be mindful of employer policies but prioritize evidence preservation.

2. Review Employer Policies

Employee handbooks often outline complaint procedures. Following internal policies shows good faith and can strengthen your retaliation claim if management ignores the complaint.

3. File an Internal Complaint

For harassment or discrimination, notify HR in writing. Under Faragher/Ellerth defenses, employers may escape liability if you fail to complain internally. Keep proof of submission—time-stamped email or certified mail.

4. Seek Medical or Financial Records

If you suffer emotional distress or lost income, obtain medical evaluations and unemployment documentation. These records support damages claims.

5. Consider Filing with TWC or EEOC

You can start the process online, by mail, or in person. Provide a concise, factual statement and request a dual filing so both agencies receive the charge. Remember the 300-day clock.

6. Cooperate with the Investigation

Respond promptly to agency requests. Supplying complete documentation early often speeds a favorable determination or conciliation agreement.

7. Preserve your Right to Sue

Once the agency issues a right-to-sue letter, you generally have 90 days (federal) or 60 days (state court under TCHRA) to file a lawsuit. Miss the window, and your claim dies.

8. Calculate Economic Damages

Lost wages, future earnings, overtime, punitive damages (when available), and attorney fees all factor into settlement value. A qualified attorney can provide a realistic damages range.

When to Seek Legal Help in Texas

Some matters—such as straightforward wage deductions—may resolve through the TWC payday claim process. Others, like systemic discrimination, require aggressive legal representation. You should consult an employment attorney when:

• Your complaint involves termination, demotion, or significant wage loss.

• The deadline to file an EEOC/TWC charge is approaching.

• Your employer is represented by counsel or insurance adjusters.

• You face retaliation for reporting misconduct.

• You seek class- or collective-action status for unpaid overtime.

Louis Law Group’s attorneys are licensed in Texas and focus exclusively on employee-side cases. We negotiate with employers, represent clients in front of the TWC and EEOC, and litigate in state and federal courts across the Northern District of Texas, including Lubbock.

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

Local Resources & Next Steps

Texas Workforce Commission — Online wage claims, discrimination charge forms, and unemployment benefits. EEOC Dallas District Office — Serves Lubbock; offers intake interviews by phone or online. Texas Labor Code Chapter 21 — Full statutory text of TCHRA. U.S. Department of Labor FLSA Guidance — Clarifies overtime exemptions. Lubbock Area Bar Association — Lawyer-referral service and local CLE programs.

Before you move forward, gather your documentation, check your filing deadlines, and consult counsel to develop a strategic plan. Lubbock’s regional job market is tight, and employers often defend claims aggressively. Knowledge—and timely action—are your best defenses.

Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Laws can change, and application of the law depends on individual circumstances. Always consult a qualified Texas employment attorney for legal advice.

Ready to act? Call Louis Law Group today at 833-657-4812 for your free case evaluation.