Houston Workers’ Guide to Texas Employment Law Issues

11 min read

Introduction: Why Knowing Your Rights Matters in Houston

Houston is home to nearly 3 million workers, ranging from energy-sector engineers to healthcare professionals and hospitality employees. Whether you are punching a clock downtown or working remotely for a tech startup in Midtown, understanding Texas employment law is critical. Texas is an at-will employment state, meaning employers can terminate employees for almost any lawful reason. However, the phrase “almost any” often hides important exceptions. If you are fired for reporting safety violations, denied overtime pay, or harassed because of your race, the law steps in to protect you. Knowing the boundaries of those protections—and the deadlines to enforce them—can make or break your claim.

This guide focuses on the most frequent employment disputes Houston workers face: wrongful termination, unpaid wages, discrimination, retaliation, and workplace harassment. We break down the relevant statutes, procedural steps, and local resources so you can act quickly and intelligently. While the information is employee-centric, it is grounded in statutes, regulations, and court precedents. If you need personalized advice, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

At-Will Employment—And Its Limits

Under Texas common law, either party may end an employment relationship at any time for any reason or no reason—unless that reason violates an explicit statute or a public policy exception. Common statutory exceptions include:

Anti-discrimination laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and Texas Labor Code Chapter 21.

• Wage protections: The Fair Labor Standards Act (FLSA) and the Texas Payday Law.

• Retaliation prohibitions: Employees cannot be fired for engaging in protected activities such as filing a discrimination charge or reporting safety violations under OSHA or the Texas Whistleblower Act (for public employees).

Protected Classes & Prohibited Conduct

Both federal and Texas statutes make it illegal to discriminate in any employment decision—hiring, firing, pay, promotion—on the basis of:

• Race, color, national origin

• Sex (including pregnancy, sexual orientation, and gender identity)

• Religion

• Disability

• Age (40+)

• Genetic information

These protections cover employers with 15 or more employees (20 or more for age claims). Houston’s robust economy also means many employers engage in interstate commerce, triggering federal jurisdiction under Title VII and the FLSA.

Wage & Hour Fundamentals

The federal minimum wage is $7.25/hour, and Texas has elected not to set a higher state minimum. Under the FLSA, non-exempt employees must earn overtime (time-and-a-half) for hours worked beyond 40 in a workweek. Employers sometimes misclassify workers as “independent contractors” or “exempt” to avoid paying overtime. If you believe you have been wrongly denied overtime, you can file a complaint with the U.S. Department of Labor or file a civil action in federal court.

Common Employment Disputes in Houston and Across Texas

Wrongful Termination

Because Texas is at will, the term “wrongful termination” can be confusing. In practice, it refers to terminations that violate a statute or public policy. Examples:

• Firing an employee one day after she reports sexual harassment.

• Letting go of older staff while keeping younger workers with similar performance records.

• Discharging a technician who refuses to falsify safety data.

Wrongful termination claims usually flow from underlying discrimination or retaliation statutes rather than a stand-alone law.

Retaliation for Whistleblowing

Federal and state laws protect employees who report illegal or unsafe conduct:

• OSHA: Workers who report safety violations are protected against retaliation.

• Sarbanes-Oxley & Dodd-Frank: Provide protections for employees of publicly traded companies who report securities fraud.

• Texas Whistleblower Act: Applies to public-sector employees who report law violations by a public employer.

Retaliation claims often succeed even when the underlying violation is unproven, as long as the worker had a good-faith belief and engaged in protected activity.

Denial of Overtime or Unpaid Wages

The Texas Payday Law allows employees to file wage claims with the Texas Workforce Commission (TWC) within 180 days of the date the wages became due. The FLSA offers a two-year statute of limitations for ordinary violations and three years for willful ones. Damages can include back wages and an equal amount in liquidated damages.

Discrimination & Harassment

Houston is one of the most diverse cities in the United States, yet EEOC statistics consistently show that race, sex, and disability claims remain common. Harassment is a form of discrimination when it creates a hostile work environment or results in adverse employment action. Employers are liable if they knew—or should have known—about harassment and failed to act.

Texas Legal Protections & Regulations

Texas Labor Code Chapter 21

Often called the Texas Commission on Human Rights Act (TCHRA), Chapter 21 extends protections similar to Title VII but covers employers with as few as 15 employees. It also mirrors federal deadlines: a charge must be filed within 300 days of the alleged unlawful employment practice. Filing with the TWC’s Civil Rights Division automatically dual-files your charge with the EEOC and vice versa.

Texas Payday Law

Applies to all private employers, regardless of size. Workers must file wage claims with the TWC within 180 days. The TWC investigates and can issue binding wage orders.

Filing with the EEOC & TWC

Submit an Intake Questionnaire online, by mail, or in person at the EEOC Houston District Office.

• After the questionnaire, draft and sign a formal Charge of Discrimination.

• The agency notifies the employer and may mediate, investigate, or dismiss.

• After investigation, the EEOC/TWC can issue a Right-to-Sue letter, giving you 90 days (federal) or 60 days (Texas) to file suit.

Statutes of Limitations Quick Reference

• Discrimination (Title VII/Chapter 21): 300 days to file agency charge; 90/60 days to sue after Right-to-Sue.

• FLSA Wage & Hour: 2 years (ordinary); 3 years (willful).

• Retaliation under OSHA: 30 days (shortest window—act fast!).

• Texas Whistleblower Act: 90 days to sue after employer’s final decision.

Step-by-Step Action Plan After a Workplace Dispute

1. Document Everything

• Save emails, texts, performance reviews, and pay records.

• Create a timeline of events while memories are fresh.

• Identify witnesses and ask them to preserve any evidence.

2. Follow Internal Procedures

Most large Houston employers have written policies in employee handbooks for reporting discrimination or wage issues. Use the prescribed channels (HR portal, ethics hotline). Courts often require proof that you gave the employer a chance to fix the problem.

3. File an Administrative Charge (If Required)

• Discrimination & Retaliation: File with the EEOC or TWC within 300 days.

• Unpaid Wages: File with the TWC within 180 days or go straight to court under the FLSA.

• Safety Complaints: File with OSHA within 30 days for retaliation claims.

4. Consult a Qualified Texas Employment Attorney

Agency filings are technical and mistake-prone. An attorney can draft a thorough charge, preserve additional claims, and ensure you do not waive rights.

5. Preserve Electronic Evidence

Texas courts accept electronic discovery. Back up relevant phone messages and export cloud-based documents before losing access.

6. Track Deadlines & Agency Notices

Once you receive a Right-to-Sue letter, clip it to your refrigerator door or set calendar alerts. Missing the lawsuit filing deadline is fatal to your case.

When to Seek Legal Help From a Texas Employment Attorney

While you can represent yourself in many administrative processes, complex cases—especially involving high damages or multiple claims—benefit from counsel. Consider hiring a lawyer when:

• You lost significant wages or benefits.

• You are unsure whether you are exempt or non-exempt for overtime.

• You belong to more than one protected class (e.g., race and age) and facts are intertwined.

• Your employer has retained outside counsel or threatens counterclaims.

• You need to negotiate a severance, which often includes a release of claims.

A licensed Texas employment attorney can:

• Evaluate claims under both state and federal law.

• Calculate damages, including front pay, back pay, emotional distress, and punitive damages where available.

• Handle mediation, arbitration, and litigation in state or federal court.

Louis Law Group represents employees across the Houston metro, from Sugar Land to The Woodlands. If you believe your workplace rights have been violated, call 833-657-4812 for a free case evaluation.

Houston & Texas Resources and Your Next Steps

Government Agencies

Texas Workforce Commission (TWC) – Wage claims, unemployment benefits, and discrimination charges. EEOC Houston District Office – Federal discrimination and retaliation complaints.

• U.S. Department of Labor Wage & Hour Division – Houston Area Office – FLSA investigations.

Local Legal Aid & Bar Associations

• Houston Bar Association (HBA) – Lawyer referral service and pro bono clinics.

• Lone Star Legal Aid – Free legal assistance for qualifying low-income workers.

Your Next Move

• Collect your records and draft a timeline.

• Confirm the applicable filing deadline.

• Schedule a consultation with an employment attorney.

• Keep communication professional and avoid social-media rants.

• Follow up regularly with the agency or your lawyer on your case status.

Ready to protect your livelihood? Contact Louis Law Group today at 833-657-4812 for a free, confidential case review. Our Houston-based team fights tirelessly to enforce employee rights under Texas and federal law.

Legal Disclaimer

The information in this guide is for educational purposes and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Every case is unique; consult a qualified Texas employment attorney to discuss your specific situation. Past results do not guarantee future outcomes. This guide may be considered attorney advertising in some jurisdictions.