Houston Guide to Texas Employment Law

12 min read

Introduction: Why Knowing Your Workplace Rights Matters in Houston

Houston employers ranging from global energy companies to fast-growing tech start-ups rely on a skilled and diverse labor force. Although Texas is an at-will employment state, federal and state statutes still create powerful safeguards for workers. When those safeguards are ignored—whether through unpaid wages, discrimination, retaliation, or wrongful termination—employees can lose income, benefits, and peace of mind. Understanding how Texas employment law operates in real life is therefore essential for anyone earning a living in the Bayou City.

This guide focuses exclusively on Houston employees. It explains the legal landscape, outlines the most common workplace disputes, and provides step-by-step instructions on what to do if your rights are violated. Throughout, the emphasis remains on practical action—filing deadlines, required forms, and where to get help—so you can make informed decisions quickly. If at any point you are unsure about your next move, remember that Louis Law Group offers free case evaluations by calling 833-657-4812.

Understanding Your Employment Rights in Texas

At-Will Employment and Its Exceptions

Texas follows the at-will doctrine, meaning an employer may terminate an employee for any lawful reason or no reason at all. However, there are crucial exceptions:

• Statutory Protections – Employers cannot fire workers for a discriminatory reason prohibited by Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), or Chapter 21 of the Texas Labor Code.

• Public Policy Exception – Under the Sabine Pilot doctrine, an employer may not terminate an employee solely for refusing to perform an illegal act.

• Contract or Collective Bargaining Agreement – Written contracts, offer letters with definite terms, and union agreements can override at-will status.

Protected Classes and Anti-Discrimination Laws

Both federal and state statutes prohibit discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40+), and genetic information. Chapter 21 of the Texas Labor Code mirrors Title VII but allows filing with the Texas Workforce Commission (TWC) Civil Rights Division for state enforcement.

Wage and Hour Rights

Minimum wage, overtime, and record-keeping requirements are governed by the Fair Labor Standards Act (FLSA). Texas has adopted the federal minimum wage and relies on federal overtime rules (time-and-a-half for hours worked over 40 in a workweek). The Texas Payday Law—administered by the TWC—requires timely payment of all earned wages, commissions, and bonuses.

Common Employment Disputes in Texas

Wrongful Termination Example: A Houston refinery operator is terminated after reporting unsafe equipment. The claim may involve retaliation under the Occupational Safety and Health Act (OSHA) and a Sabine Pilot wrongful-termination tort. Retaliation for Whistleblowing Retaliation is the most frequently alleged charge with the Equal Employment Opportunity Commission (EEOC). An employee who files or assists in a discrimination claim is protected from adverse actions ranging from demotion to hostile scheduling. Denial of Overtime Pay Misclassifying employees as exempt or labeling them independent contractors can shortchange overtime. Under the FLSA, workers may recover unpaid wages plus an equal amount in liquidated damages. Workplace Discrimination and Harassment Harassment that is severe or pervasive enough to create a hostile work environment violates Title VII and Chapter 21. Houston’s ethnically diverse workforce often faces national-origin or race-based micro-aggressions that escalate into actionable harassment. Family and Medical Leave Issues Eligible employees are entitled to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA). Interference or retaliation for taking protected leave can lead to back pay and reinstatement.

Texas Legal Protections and Regulatory Framework

Texas Labor Code Highlights

Key chapters affecting Houston workers include:

• Chapter 21 – Discrimination and retaliation.

• Chapter 61 – Texas Payday Law (wage claims).

• Chapter 451 – Workers’ compensation anti-retaliation.

The full text is available via the Texas Labor Code.

EEOC and TWC Complaint Process

Texas is a deferral state, so filing with either the EEOC or TWC generally satisfies both agencies’ requirements under a work-sharing agreement. Key deadlines:

• 300 days from the discriminatory act for Title VII, ADA, and ADEA claims (because Texas has a state agency).

• 180 days for Texas Payday Law wage claims with the TWC (counted from the date the wages became due).

• 2 years to sue under the FLSA (3 years if the violation is willful).

• 90 days to file a lawsuit after receiving an EEOC right-to-sue letter.

Relevant Oversight Agencies

EEOC Houston District Office Texas Workforce Commission U.S. Department of Labor Wage and Hour Division

• TWC Civil Rights Division (Austin headquarters handles statewide investigations)

Steps to Take After an Employment Dispute

1. Document Everything

Save emails, text messages, performance reviews, pay stubs, and any witness statements. Houston courts routinely dismiss claims lacking contemporaneous records.

2. Follow Internal Policies First

Texas juries often expect employees to utilize company complaint channels when available. Report harassment to HR in writing and request a dated receipt.

3. File Timely Administrative Complaints

Discrimination or Retaliation Submit an Intake Questionnaire to the EEOC or TWC. Doing so within 300 days preserves federal rights. Unpaid Wage Claims File a Wage Claim form (TWC Form LL-1). The agency can subpoena payroll records and issue determinations enforceable in district court. OSHA or Workers’ Compensation Retaliation OSHA complaints must be filed within 30 days; Chapter 451 lawsuits within 2 years.

4. Preserve Electronic Evidence

Texas courts permit screenshots and metadata. Export relevant Slack or Teams conversations before access is revoked.

5. Avoid Self-Help

Never take proprietary information or sabotage systems. Such actions can create counterclaims and reduce your credibility.

6. Consult a Houston Employment Attorney

Initial consultations are often free. An attorney can calculate back pay, front pay, equitable relief, and punitive damages, and can advise on class-action feasibility.

When to Seek Legal Help in Texas

You should seriously consider hiring counsel when:

• The employer has legal representation.

• You have been asked to sign a severance or non-compete.

• The dispute involves complex statutes such as the FMLA or ERISA.

• Retaliation is ongoing and affects mental health.

Texas attorneys must be licensed by the State Bar of Texas. Verify licensing via the State Bar website and confirm experience with federal courts in the Southern District of Texas.

Why Louis Law Group? Our team prioritizes employee claims, has deep knowledge of Houston juries, and never charges upfront fees in contingency cases. Call 833-657-4812 for a no-cost, confidential evaluation.

Local Resources and Next Steps

Houston Bar Association LegalLine – Free phone advice twice a month.

• United Way of Greater Houston 2-1-1 – Referrals to employment and financial counseling.

• Houston District Office of the EEOC – In-person intake by appointment.

• Gulf Coast Workforce Solutions – Job placement and retraining for displaced workers.

Every case starts with understanding your legal rights, meeting strict deadlines, and acting strategically. Do not wait until evidence disappears or the limitations period expires.

Take Action Now: If you believe your workplace rights have been violated, call 833-657-4812 for a free case evaluation and policy review by Louis Law Group. Protect your career, your income, and your future.

Legal Disclaimer

This guide is for educational purposes only and does not create an attorney-client relationship. The information reflects statutes and case law current at the time of publication but may change. For advice about your specific situation, consult a qualified Texas employment attorney.