Guide to Texas Employment Law in San Antonio

Estimated Read Time: 11 min read

Introduction: Why San Antonio Employees Need to Know Their Rights

San Antonio may be known for its booming cybersecurity sector, bustling tourism economy, and the ever-growing medical research hub around the South Texas Medical Center, but even in a vibrant job market, workplace disputes can derail a career and financial stability. Whether you are a technician on the River Walk, a nurse in Stone Oak, or an oil-field services employee commuting to the Eagle Ford Shale, understanding Texas employment law in San Antonio is critical. Common disputes include wrongful termination, unpaid overtime, discrimination, retaliation, and harassment. Because Texas is an at-will state, many workers mistakenly believe they have little recourse. The reality is that state and federal protections exist—and deadlines are short. This guide offers clear, step-by-step advice to help you preserve your rights, navigate agencies such as the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC), and decide when it’s time to contact an attorney.

Understanding Your Employment Rights in Texas

At-Will Employment—But Not Without Limits

Texas follows the at-will doctrine, meaning an employer can terminate employment for any legal reason—or no reason—unless the firing violates a statute, contract, or public policy. Key exceptions include terminations based on discrimination, retaliation for protected activity, refusal to commit an illegal act, or exercising a legal right (such as filing a workers’ compensation claim).

Protected Classes and Antidiscrimination Law

Under Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code, employers with 15 or more employees may not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, genetic information, disability, or age (40+). San Antonio workers should note that the City of San Antonio also has a nondiscrimination ordinance covering sexual orientation and gender identity for employers with a city contract.

Wage and Hour Protections

The federal Fair Labor Standards Act (FLSA) establishes a minimum wage of $7.25 per hour and overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek. Texas adopts these federal standards but does not provide a state-level minimum wage higher than the federal floor. Misclassification of employees as independent contractors is common in San Antonio’s construction and gig-economy sectors, depriving workers of overtime and unemployment benefits. If you earn less than $35,568 annually on a salary basis (as of 2024) and perform non-exempt duties, you are generally entitled to overtime.

Key Federal Protections

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

• Americans with Disabilities Act (ADA): Requires reasonable accommodation for qualified workers with disabilities.

• Occupational Safety and Health Act (OSHA): Protects employees who report unsafe working conditions.

Common Employment Disputes in Texas

Wrongful Termination Firing an employee for discriminatory reasons or in retaliation for protected activity, such as whistleblowing or requesting FMLA leave. Wage and Hour Violations Failure to pay minimum wage, overtime, or misclassifying employees as exempt. Discrimination Adverse actions based on protected characteristics. San Antonio’s diverse workforce sees cases involving language, national origin, and pregnancy discrimination. Harassment Unwelcome conduct that creates a hostile work environment, often sexual or racial in nature. Retaliation Disciplinary actions, demotion, or termination in response to protected activity, such as filing a complaint with TWC or the EEOC.

Texas Legal Protections & Regulations

Texas Labor Code

Chapter 21 mirrors federal protections against discrimination, while Chapter 61 covers wage claims. Employees have 180 days from the adverse action to file a discrimination or retaliation charge with the TWC’s Civil Rights Division or the EEOC. Wage claims under TWC’s Wage Claim Program must be filed within 180 days of the wages becoming due. Failure to file within these periods generally bars recovery.

Filing with the EEOC

The EEOC’s San Antonio Field Office is located downtown and jointly processes charges with TWC. Workers have 300 days from the adverse employment action to file a federal charge if a state or local agency enforces a similar law—as Texas does through TWC. Timely filing preserves both state and federal claims and gives the agencies authority to investigate.

Texas Workforce Commission Process

Submit an Employment Discrimination Complaint within 180 days.

• TWC reviews for jurisdiction and may conduct mediation.

• If the case is not resolved, TWC issues a Right-to-Sue letter, allowing you to file in state court within 60 days.

Note: Wage claims under Chapter 61 follow a different administrative path, including an investigatory phase and potential hearing before a TWC Wage Claim Adjudicator.

Statutes of Limitations Quick Reference

• Discrimination/Retaliation: 180 days (TWC) / 300 days (EEOC)

• FLSA Wage Claims: Two years (three if willful violation)

• Whistleblower Act (public employees): 90 days to file suit after employer’s final decision

• Workers’ Compensation Retaliation (Tex. Labor Code § 451): Two years

Steps to Take After an Employment Dispute

1. Document Everything

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

• Maintain a timeline of events detailing dates, times, and witnesses.

2. Review Your Handbook and Contracts

Look for arbitration clauses, reporting procedures, and progressive discipline policies. Following internal procedures can strengthen your case and sometimes toll filing deadlines.

3. File Internal Complaints Promptly

Many harassment and discrimination policies in San Antonio companies require you to inform HR or a designated supervisor. Failure to do so may limit damages in court (known as the Ellerth/Faragher defense).

4. Lodge External Complaints

• Discrimination or Retaliation: File with TWC Civil Rights Division or EEOC within 180/300 days.

• Wage Claims: Use TWC’s Wage Claim form within 180 days, or file in federal court for FLSA violations up to two (or three) years.

• OSHA Complaints: Must be filed within 30 days for retaliation allegations.

5. Preserve Digital Evidence

Download relevant emails or time-clock records to a personal, secure device. Texas’s Penal Code makes it a crime to access computer systems without authorization, so copy only data you lawfully possess.

6. Consult an Employment Attorney

Statutes are complex and deadlines unforgiving. An attorney can evaluate claims, negotiate severance, and represent you in litigation or arbitration.

When to Seek Legal Help in Texas

If you experience any of the following, it is time to consult counsel:

• You are offered a severance package with a release of claims.

• You received a Right-to-Sue letter from TWC or the EEOC.

• Your employer threatens legal action after you download evidence.

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

• You suspect wage theft involving large sums or company-wide misclassification.

Texas attorneys must be licensed by the State Bar of Texas. Look for lawyers who focus on labor and employment and who have experience in federal court in the Western District of Texas, which covers San Antonio.

Louis Law Group represents employees across Texas, with a client-focused approach and a proven record in wage and discrimination cases. An initial consultation is free, and fees are often contingency-based—meaning no payment unless you recover.

Local Resources & Next Steps for San Antonio Workers

Texas Workforce Commission – File wage claims, discrimination complaints, or unemployment appeals. EEOC San Antonio Field Office – Submit federal discrimination charges. San Antonio Bar Association Lawyer Referral Service – Find local attorneys. State Bar of Texas – Verify attorney licensure and disciplinary history.

Next Steps: Evaluate your claim, gather documentation, and act within statutory deadlines. Delaying can bar you from relief.

Your Rights Matter—Take Action Today

If you believe your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review. Our team will assess your claims, calculate potential damages, and chart a path toward justice. You worked hard for your job—let us work hard for your rights.

Legal Disclaimer: This guide provides general information and is not legal advice. Laws change frequently, and the application of law varies by individual circumstances. Consult a qualified Texas employment attorney for advice regarding your situation.