Midland Texas Employment Law Guide: Protect Your Rights

Introduction: Why Every Midland Worker Needs This Guide

Whether you drill in the Permian Basin, serve customers in Loop 250 retail shops, or telecommute for an Austin tech company, knowing your employment rights in Midland, Texas is non-negotiable. The Lone Star State follows at-will employment, allowing either party to end the work relationship for almost any lawful reason. Yet state and federal laws carve out powerful exceptions—especially when termination, wages, or workplace treatment cross legal lines. This comprehensive guide walks Midland employees through the legal landscape, common disputes, and concrete steps to protect themselves if their rights are violated. Because Midland’s rapid economic growth—fueled by oil, gas, and an influx of remote work—has created both opportunity and new types of employment conflicts, staying informed is critical.

This resource leans slightly in favor of workers while remaining firmly grounded in Texas statutes, U.S. labor regulations, and pivotal court precedents. You will learn:

• Key provisions of the Texas Labor Code and how they interact with federal laws like the Fair Labor Standards Act (FLSA) and Title VII.

• Deadlines for filing discrimination, retaliation, or wage claims with the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC).

• Step-by-step instructions for documenting your dispute, preserving evidence, and pursuing a claim.

• When and why to seek help from an employment attorney—and how Louis Law Group can champion your case.

Let’s dive into the rights, remedies, and resources every Midland worker deserves to know.

Understanding Your Employment Rights in Texas

At-Will Employment—With Significant Exceptions

Texas is an at-will state, meaning employers may terminate employees at any time for any reason except an unlawful one. Unlawful reasons include discrimination, retaliation, or firing someone for refusing to commit an illegal act. The Texas Supreme Court confirmed this in Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985), carving out a public-policy exception that protects employees who refuse to violate the law.

Protected Classes Under Federal & State Law

Title VII of the Civil Rights Act of 1964, as incorporated into the Texas Labor Code Chapter 21, makes it illegal to discriminate based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion, age (40+), disability, or genetic information.

• Size matters: Employers with 15 or more workers fall under Title VII and Chapter 21. Age discrimination applies to employers with 20+ workers, and disability discrimination (ADA) also requires 15+ workers.

• Migrant and seasonal agricultural workers in Midland’s outlying farms may be covered by additional protections under the Migrant and Seasonal Agricultural Worker Protection Act.

Wage & Hour Protections

The Fair Labor Standards Act (FLSA) sets the federal minimum wage ($7.25/hr) and overtime (1.5× regular rate after 40 hours). Texas aligns with the federal rate but allows local employers to pay higher. Oil-field service companies operating around Business I-20 often rely on day-rate pay structures, but courts—including the Fifth Circuit’s 2021 Hewitt v. Helix decision—have emphasized that day-rate workers may still be owed overtime unless they meet strict “salary basis” and “executive” exemption tests.

Retaliation & Whistleblower Protections

Both federal and state laws prohibit employers from punishing employees for engaging in protected activity—like reporting unsafe drilling conditions to OSHA or filing a discrimination charge. Texas Government Code Chapter 554 adds protections for public-sector workers who report violations of law.

Common Employment Disputes in Midland and Across Texas

1. Wrongful Termination

While “wrongful termination” isn’t a standalone statute in Texas, it typically refers to unlawful firings—such as dismissing a worker for filing a workers’ compensation claim or because of pregnancy. Midland’s high-turnover energy sector can lead to snap layoffs; understanding whether your termination violates the law is crucial.

2. Unpaid Wages & Overtime

Oil-field hands, truck drivers, and remote tech employees alike frequently see wage disputes for:

• Off-the-clock safety meetings without pay

• Misclassification as independent contractors

• Day-rate or salary misclassification circumventing overtime

Under the FLSA, you may recover back wages plus an equal amount in liquidated damages, going back two years (three if the violation was willful).

3. Discrimination & Harassment

Oil and gas remains male-dominated, but Title VII prohibits gender-based hiring or promotion barriers. Racial and national-origin harassment can surface in multilingual drilling crews. Midland’s diversification into healthcare, education, and logistics also brings unique discrimination scenarios—for example, age bias in hospital administrative roles.

4. Retaliation

The EEOC reports that retaliation is the most common basis for charges in Texas. Actions such as demoting a worker who complained about safety violations at a well site or cutting hours after an FMLA leave request may violate federal and state law.

5. Family & Medical Leave Conflicts

Employers with 50+ workers must comply with the Family and Medical Leave Act (FMLA). Denying an eligible Midland nurse job-protected leave to care for a sick parent could be unlawful.

Texas Legal Protections & Regulations

Texas Labor Code & Administrative Remedies

Chapter 21 of the Texas Labor Code mirrors Title VII and requires employees to file a charge of discrimination with either the TWC Civil Rights Division or the EEOC within 180 days of the alleged act. Failing to meet this deadline can bar your claim.

Wage claims under Texas Payday Law must be filed with the Texas Workforce Commission within 180 days from when wages were due. The TWC will investigate and may order payment, but filing does not preclude a separate FLSA suit in federal court.

Federal Oversight Agencies

EEOC Dallas District Office (covers Midland): investigates discrimination charges, issues right-to-sue letters.

• U.S. Department of Labor Wage & Hour Division: oversees FLSA compliance and can recover back wages.

Statutes of Limitations Snapshot

• FLSA wage claim: 2 years (3 for willful violations)

• Texas Payday Law administrative claim: 180 days

• Title VII / Texas Labor Code discrimination: 180 days to file charge; 90 days to sue after right-to-sue letter

• Whistleblower retaliation (public sector): 90 days to file lawsuit after termination

• Sabine Pilot wrongful termination: 2 years

Recent Texas Case Law Employees Should Know

• Helix Energy Solutions Group, Inc. v. Hewitt, 15 F.4th 289 (5th Cir. 2021), aff’d 598 U.S. ___ (2023): day-rate supervisors owed overtime.

• Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010): clarified election of remedies in harassment claims.

• Texas Dep’t of Human Svcs. v. Hinds, 904 S.W.2d 629 (Tex. 1995): solidified public-sector whistleblower protections.

Steps to Take After an Employment Dispute

1. Preserve Evidence Immediately

Start a timeline the moment you suspect unlawful conduct. Include:

• Emails, text messages, or Slack chats

• Performance reviews (positive or negative)

• Pay stubs and time sheets

• Witness names and contact information

• Photos of physical postings or workplace conditions

Texas law allows recording conversations if one party consents—meaning you can legally record your own interactions, but consult counsel before doing so.

2. Utilize Internal Complaint Procedures

Most employers have handbooks requiring you to report discrimination or harassment internally first. Complying preserves your legal rights and shows you gave the employer a chance to fix the problem.

3. File the Appropriate Agency Charge

• Discrimination/Retaliation: File with TWC Civil Rights Division or EEOC within 180 days. Midland workers may file online, by mail, or schedule intake at the EEOC’s Dallas District Office. Dual-filing covers both state and federal claims.

• Wage Claims: Submit a TWC Wage Claim within 180 days, or contact the DOL Wage & Hour Division for an FLSA complaint.

• OSHA Safety Complaints: File within 30 days for whistleblower protection.

4. Track Deadlines

Use a calendar app and set reminders. Missing the 180-day discrimination deadline or the two-year FLSA window can kill an otherwise strong case.

5. Consult an Experienced Texas Employment Attorney

Agency investigations are valuable, but they may not secure full back pay, liquidated damages, or reinstatement. Consulting counsel early helps you:

• Determine if arbitration agreements apply.

• Compute potential damages.

• Negotiate severance with enforceable non-disparagement terms.

• Avoid retaliation traps while still employed.

When to Seek Legal Help in Texas

You should reach out to an attorney when:

• Your termination seems linked to protected activity (e.g., reporting safety violations on a rig near Gardendale).

• You are offered a severance agreement with a waiver of claims.

• The company’s HR department downplays or delays your internal complaint.

• You suspect widespread wage theft affecting multiple coworkers—class or collective action may maximize leverage.

• You have less than 30 days before a filing deadline.

Louis Law Group exclusively represents employees and has a proven track record in Texas federal and state courts. The firm offers contingency fee arrangements—meaning you pay nothing unless they recover on your behalf.

Local Resources & Next Steps for Midland Workers

Government & Non-Profit Assistance

• Texas Workforce Commission Midland Office: 3600 N Garfield St. (Job services & wage claims)

• Permian Basin Community Action Agency: Low-cost legal clinics (call ahead)

State Bar of Texas Lawyer Referral Service: Find qualified employment attorneys

Empower Yourself With Information

Read the full text of Texas Labor Code Chapter 21.

• Check Midland County District Court dockets for similar filings to gauge local rulings.

• Attend a virtual EEOC Know-Your-Rights seminar—held quarterly via the Dallas office.

Take Action Today

If your workplace rights are in jeopardy, delaying action only helps the employer. Evidence fades, memories blur, and statutory clocks keep ticking.

Call Louis Law Group at 833-657-4812 for a FREE case evaluation and policy review. Initial consultations can clarify your options, potential damages, and next steps without financial risk.

Disclaimer

This guide provides general information specific to Midland, Texas and is not legal advice. Laws change, and the application of law depends on individual facts. Consult a licensed Texas attorney before acting on any information herein.