San Antonio Texas Employment Law Guide for Workers

12 min read

Introduction: Why Every San Antonio Worker Needs to Know Texas Employment Law

The booming San Antonio job market—anchored by health care, military, tourism, and a rapidly growing tech sector—offers thousands of opportunities for employees. Yet with opportunity comes risk. Whether you are a nurse at the South Texas Medical Center, a developer at a downtown start-up, or a server on the River Walk, you may face workplace challenges such as unpaid overtime, discriminatory treatment, or even sudden termination. Understanding Texas employment law san antonio is essential to protect your livelihood, secure lost wages, and preserve future career prospects.

Texas is an at-will employment state, meaning employers can terminate workers for nearly any reason—or no reason at all—unless that reason violates a contract or statute. Unfortunately, some employers misuse this flexibility to retaliate against whistleblowers, ignore overtime obligations, or tolerate harassment. As an employee, you have enforceable rights under both Texas and federal law. This comprehensive guide, slightly biased toward employees, walks you step-by-step through the most common disputes, the statutes that protect you, and the resources available in San Antonio.

We will cover:

• Protected employee rights under the Texas Labor Code and federal acts such as the FLSA and Title VII.

• Key deadlines to file with the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC).

• How to document evidence, calculate damages, and pursue administrative or court claims.

• When and why to consider hiring an employment attorney—and how Louis Law Group can help.

Understanding Your Employment Rights in Texas

At-Will Employment—With Critical Exceptions

Texas employers can generally fire an employee for any legal reason, but four major exceptions protect San Antonio workers:

• Statutory protections (e.g., discrimination laws, wage and hour regulations).

• Public policy (e.g., refusing to perform an illegal act or exercising a statutory right).

• Express contracts (written employment agreements negate at-will status).

• Implied contracts (handbooks or oral promises may limit firing if sufficiently definite).

Protected Classes Under Federal and Texas Law

Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Chapter 21 of the Texas Labor Code bar discrimination based on:

• Race, color, or national origin

• Sex, including pregnancy, sexual orientation, and gender identity (confirmed in Bostock v. Clayton County, 2020)

• Religion

• Disability

• Age (40+)

Retaliation for filing a complaint or participating in an investigation is also unlawful.

Wage and Hour Protections

Unlike some states, Texas has adopted the federal minimum wage—currently $7.25 per hour. The Fair Labor Standards Act (FLSA) requires non-exempt employees to receive time-and-a-half for hours worked beyond 40 in a workweek. Texas Labor Code § 62 mirrors these requirements and empowers the TWC to investigate wage claims. Additionally, certain city-funded projects in San Antonio must comply with prevailing wage rates under the Texas Government Code—a point worth reviewing if you work construction or public infrastructure.

Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave for specified medical and family reasons. Texas law does not expand FMLA coverage, but state anti-retaliation provisions (Texas Labor Code § 451) protect workers who file workers’ compensation claims, which often intersect with medical leave issues.

Common Employment Disputes in Texas

Wrongful Termination

Because Texas is at-will, "wrongful termination" usually means a firing that violates:

• Statutory discrimination (e.g., being fired for pregnancy).

• Retaliation (e.g., for reporting OSHA violations).

• Public policy (e.g., being terminated for jury duty attendance).

• An employment contract or collective bargaining agreement.

Damages may include lost wages, emotional distress, and—if the firing was willful—punitive damages.

Unpaid Wages and Overtime Violations

Failing to pay minimum wage, misclassifying employees as independent contractors, or denying overtime are common issues. Under the FLSA, employees can recover back pay plus "liquidated" (double) damages if the employer’s violation was willful. Texas employees must file a wage claim with the TWC within 180 days of the wage violation (Texas Labor Code § 61.051) or file directly in court under the FLSA within 2 years (3 years if willful).

Discrimination and Harassment

Discrimination can be subtle—such as disparate scheduling—or overt, like racial slurs. Harassment becomes illegal when it is severe or pervasive enough to create a hostile work environment. Under both federal and Texas law, victims can pursue back pay, front pay, compensatory damages, and reinstatement.

Retaliation and Whistleblower Claims

Retaliation claims make up the majority of EEOC charges in Texas. Common protected activities include reporting wage theft, safety violations, or discrimination; requesting accommodations; or cooperating in an investigation.

Public employees in Texas also have specific protections under the Texas Whistleblower Act, which requires filing with the employer’s grievance system within 90 days and permits suit if the issue is unresolved.

Texas Legal Protections & Regulations

Texas Labor Code Highlights

• Chapter 21: Mirrors Title VII protections and allows a 300-day EEOC/TWC complaint window for discrimination and retaliation.

• Chapter 61: Texas Payday Law; enables wage claims before the TWC.

• Chapter 451: Anti-retaliation for workers’ compensation filings.

You can review the full code directly via the Texas Legislature’s site: Texas Labor Code.

The Role of the Texas Workforce Commission (TWC)

The Texas Workforce Commission enforces wage claims and shared-work programs, and partners with the EEOC to investigate discrimination charges. San Antonio employees typically submit wage claims or initial discrimination charges online or by mail. The TWC will seek a response from the employer, may arrange mediation, and can issue a preliminary determination. If the agency cannot resolve the dispute, it issues a "right-to-sue" letter allowing court action.

Equal Employment Opportunity Commission (EEOC)

The Dallas District Office covers San Antonio, with an intake location in Austin. Employees must generally file within 300 days of the discriminatory act. More information is available at EEOC Dallas District Office.

Deadlines at a Glance

• Discrimination (Title VII/Chapter 21): 300 days to file EEOC/TWC charge.

• Wage Claim (TWC): 180 days from unpaid wages.

• FLSA Suit in Court: 2 years (3 if willful).

• Whistleblower Act (public employees): 90 days to file grievance; 2 years for lawsuit.

• Workers’ Compensation Retaliation: 2 years in court.

Steps to Take After an Employment Dispute

Document Everything

Keep emails, text messages, pay stubs, schedules, performance reviews, and witness names. In Texas, you may record conversations if you are a party to the conversation (one-party consent), but never install hidden devices in private areas. Review Employer Policies

Handbooks often state grievance procedures or arbitration clauses. Follow internal complaint steps first; failing to do so can limit damages. File an Administrative Charge

For discrimination, submit an intake questionnaire to the EEOC or TWC Civil Rights Division. Be concise, factual, and list all potential legal bases—adding claims later can be barred. Consider Mediation

Both TWC and EEOC offer free mediation. Agree only if you have a clear grasp of your damages. Settlements are binding; consult counsel before signing. Check Deadlines

Mark calendar alerts for 180-day, 300-day, and 2-year limitations. Missing a deadline can permanently bar your claim. Calculate Damages

Add lost wages, benefits, and likely front pay. For FLSA double damages, multiply unpaid wages by two. Include emotional distress and punitive damages (where allowed). Consult an Attorney

If your case involves complex issues—like FMLA interference or multi-state employers—legal counsel can subpoena records, depose witnesses, and calculate damages accurately. Preserve Electronic Evidence

Download company emails to a personal, secure drive, respecting confidentiality obligations. Do not delete social media posts related to the dispute. Beware of Retaliation

Report any retaliatory acts (e.g., demotions, schedule cuts) immediately, in writing, and note new deadlines that may arise. Plan for Litigation

If administrative agencies cannot resolve your issue, you will need a "right-to-sue" letter to file in state or federal court—generally within 90 days of receiving the letter.

When to Seek Legal Help in Texas

While employees can file agency charges without counsel, certain scenarios demand legal backup:

• You are offered a severance or settlement agreement—Texas law often upholds releases if they are clear and knowing.

• Your employer has a mandatory arbitration clause—an attorney can navigate the AAA or JAMS rules.

• You face systemic discrimination affecting multiple employees—class actions require specialized knowledge.

• Your damages exceed small-claims limits or involve significant future earnings.

Under the Texas Disciplinary Rules of Professional Conduct, employment attorneys must be licensed by the State Bar of Texas. Ask any lawyer for their bar number (Louis Law Group attorneys can readily provide theirs) and confirm there are no active grievances.

Louis Law Group focuses on employee-side representation throughout Texas, including San Antonio, and offers contingency fee arrangements in most wage and discrimination cases—meaning no attorney’s fees unless you recover.

Local Resources & Next Steps

Government Agencies

Texas Workforce Commission – Wage claims, unemployment benefits, and discrimination filings. EEOC Dallas District Office – Handles Title VII, ADA, and ADEA charges for San Antonio.

• U.S. Department of Labor Wage and Hour Division (WHD) – For FLSA enforcement.

Legal Aid and Bar Associations

San Antonio Bar Association Lawyer Referral Service.

• Texas RioGrande Legal Aid – Offers free employment law assistance for qualifying low-income residents.

Community Workforce Centers

Workforce Solutions Alamo has multiple San Antonio offices providing job training and unemployment resources—helpful when seeking mitigation income while a claim is pending.

Take Action Today

If you believe your san antonio employee rights have been violated—whether through wrongful termination, unpaid wages, or workplace discrimination—swift action is crucial. Evidence fades, witnesses move, and statutory deadlines expire quickly.

Call Louis Law Group at 833-657-4812 for a free, confidential case evaluation. Our attorneys can review your documentation, explain Texas workplace laws, and develop a strategy to maximize your recovery.

Disclaimer

This guide is provided for educational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For advice regarding your individual situation, consult a licensed Texas employment attorney.