Texas Employment Law Guide for Houston: Lawyers Near Me

Estimated reading time: 14 min read

Introduction: Why Houston Employees Need to Know Their Rights

Houston’s economy is powered by energy, health care, shipping, and an ever-growing tech sector. With more than 3.1 million workers in the Houston–The Woodlands–Sugar Land metropolitan area, disputes over pay, discrimination, and wrongful termination are inevitable. Understanding Texas employment law—and how it interacts with federal protections—empowers you to act quickly when your job, income, or professional reputation is on the line.

Unlike some states, Texas follows the doctrine of “at-will employment,” meaning either party can end the employment relationship for any lawful reason. However, “lawful” does not mean “anything goes.” You are still protected against:

• Wrongful termination for discriminatory or retaliatory reasons

• Unpaid wages, overtime, or commissions

• Harassment based on sex, race, religion, national origin, disability, age, or genetic information

• Retaliation for whistleblowing, filing a workers’ compensation claim, or using protected leave

This comprehensive guide—written from a slightly pro-employee perspective—breaks down your rights, key deadlines, and the steps you should take after a workplace conflict in Houston, Texas. If at any point you feel overwhelmed, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

Texas Is an At-Will State—but Not a Free-for-All

While employers may terminate employees for poor performance, restructuring, or no reason at all, they cannot fire you for an illegal reason. Termination is unlawful if it violates:

• Federal statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Fair Labor Standards Act (FLSA)

• Provisions in the Texas Labor Code that prohibit discrimination and retaliation

• Public-policy exceptions (e.g., refusing to engage in illegal conduct, filing a workers’ compensation claim)

• Written employment contracts or collective bargaining agreements

Protected Classes Under State and Federal Law

Texas law mirrors federal protections while adding a few state-specific nuances:

• Race, color, or national origin

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

• Religion

• Disability (physical or mental)

• Age (40 or older)

• Genetic information

• Citizenship status (Immigration Reform and Control Act)

Employers with 15 or more employees are subject to both Title VII and Chapter 21 of the Texas Labor Code. Smaller employers may still be liable under other statutes, such as the Equal Pay Act (EPA) or certain wage laws.

Wage and Hour Basics

Texas follows the federal minimum wage of $7.25 per hour. However, Houston workers frequently earn more due to market forces and city contracts. Under the FLSA and Texas Payday Law:

• You are entitled to 1.5× your regular rate for hours worked over 40 in a workweek, unless properly classified as exempt.

• Employers must pay earned wages—including commissions and bonuses—no later than the next regularly scheduled payday.

• Unauthorized deductions are illegal unless you sign a written agreement authorizing them.

If your employer refuses to pay, you can file a wage claim with the Texas Workforce Commission (TWC) within 180 days of when the wages were originally due.

Common Employment Disputes in Houston, Texas

1. Wrongful Termination

Examples include firing an employee for reporting OSHA violations at a refinery, complaining about unpaid overtime at a hospital, or requesting pregnancy accommodations in an office setting. If you are terminated for exercising a protected right, you may recover back pay, reinstatement, front pay, and attorneys’ fees.

2. Retaliation for Whistleblowing

Texas whistleblower protections extend to public employees under Tex. Gov’t Code §554.002 and to private-sector employees under various federal statutes. To prevail, you must show:

• You engaged in protected activity (e.g., reporting fraud, safety violations, or discrimination).

• You suffered an adverse action (termination, demotion, pay cut).

• A causal connection exists between the two.

3. Wage and Hour Violations

Oil-field and restaurant workers in Houston often face misclassification as independent contractors or “exempt” employees. If you log more than 40 hours but receive straight time, you may be owed overtime plus an equal amount in liquidated damages under the FLSA.

4. Workplace Discrimination and Harassment

Chemical plants, hospitals, and corporate offices have seen EEOC charges alleging racial slurs, sexual comments, and unequal promotion standards. Under Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, employers can be held automatically liable for supervisor harassment leading to a tangible employment action.

5. Family and Medical Leave Act (FMLA) Interference

Employers with 50+ employees must provide up to 12 weeks of job-protected leave. Terminating a worker on leave is presumptively retaliatory unless the employer can prove otherwise.

Texas Legal Protections & Regulations

Key Statutes

• Texas Labor Code Chapter 21 – Anti-discrimination/retaliation parallels Title VII.

• Texas Payday Law (Ch. 61) – Enforced by TWC for wage claims.

• Texas Minimum Wage Act – Adopts federal minimum wage.

• Occupational Safety and Health Act – Federal law but often triggered in Houston’s petrochemical industry.

• Local Ordinances – Houston’s city contracts require certain contractors to pay a “living wage,” though no city-wide minimum wage exists.

Agencies That Enforce These Rights

EEOC Houston District Office – Handles discrimination and retaliation charges under federal law. Texas Workforce Commission Civil Rights Division – Investigates state discrimination claims.

• TWC Labor Law Department – Processes unpaid wage claims.

Filing Deadlines

• EEOC/TWC Discrimination Charge: 300 days from the adverse action if you dual-file with EEOC; 180 days for TWC alone.

• Wage Claim (TWC): 180 days from the date wages were due.

• FLSA Lawsuit: 2 years (3 for willful violations).

• Workers’ Compensation Retaliation: 2 years.

• Whistleblower (public employees): 90 days after employer’s final decision.

Missing a statutory deadline can permanently bar your claim. When in doubt, consult an attorney immediately.

Steps to Take After an Employment Dispute

1. Document Everything

Save emails, text messages, performance reviews, time sheets, pay stubs, and witness names. Use personal devices or cloud storage—not your work computer.

2. Review Company Policies

Many companies in Houston’s energy corridor have internal complaint procedures that you must follow before heading to court. Failure to exhaust these steps may hurt your case.

3. File an Internal Complaint

• Notify Human Resources in writing.

• Request a dated, signed acknowledgment.

• Keep a copy for your records.

Employers are legally obligated to investigate and take corrective action.

4. File with TWC and/or EEOC

If internal channels fail or you fear retaliation, file an administrative charge. You can dual-file with both agencies to preserve state and federal claims. Provide detailed facts, desired remedies, and witness information.

5. Cooperate with Investigators

Respond promptly to document requests and interviews. You are protected from retaliation during this process.

6. Receive a Notice of Right to Sue

If the agency dismisses the charge or fails to resolve it within 180 days, you may request a Notice of Right to Sue and file a lawsuit in federal or state court—within 90 days of receiving the notice.

7. Consult an Employment Attorney

An attorney can analyze evidence, calculate damages, negotiate settlements, and, if necessary, litigate. Many work on contingency, meaning no fee unless you recover. Call Louis Law Group at 833-657-4812 today.

When to Seek Legal Help in Texas

You should escalate to legal counsel if:

• You receive a termination letter that cites vague reasons like “business needs” after you reported harassment.

• Your employer refuses to provide payroll records or alters timesheets.

• HR shuts down your complaint or threatens retaliation.

• Deadlines are looming and you need to file quickly.

Louis Law Group’s Texas-licensed attorneys will:

• Conduct a free, confidential case review.

• Evaluate damages (back pay, front pay, emotional distress).

• File administrative charges and lawsuits on your behalf.

• Negotiate with employers and insurers.

Your employer likely has counsel—level the playing field by hiring your own.

Local Resources & Next Steps

Texas Labor Code Online – Full text of state labor statutes. Houston Volunteer Lawyers – Free legal clinics for qualifying residents.

• EEOC Mediation Program – Confidential, free alternative dispute resolution.

• Texas RioGrande Legal Aid – Serves low-income workers in Southeast Texas.

Next Steps:

• Gather all documents related to your dispute.

• Mark all applicable filing deadlines on your calendar.

• Call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.

CTA: If you believe your workplace rights have been violated, don’t wait. Call Louis Law Group now at 833-657-4812 or fill out our online form for immediate assistance.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney–client relationship. Employment laws change frequently; consult a qualified attorney regarding your specific situation.