Texas Employment Law Houston Guide: Know Your Rights

Estimated reading time: 11 min read

Introduction: Why Houston Employees Need to Master Texas Employment Law

Houston’s booming energy sector, world-class medical facilities, and thriving tech start-ups make it one of the most dynamic labor markets in the United States. Yet with opportunity comes risk: wrongful termination, unpaid overtime, discrimination, retaliation, and harassment claims rank among the most common workplace disputes filed with the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC) Houston District Office. Understanding your legal protections under Texas employment law and federal statutes is the first—and often most powerful—step you can take to safeguard your livelihood. This guide was written for employees working in Houston, Texas, with a slight but important bias toward protecting worker rights. It breaks down the statutes, deadlines, and practical strategies you need to navigate common disputes. Whether you face unpaid wages at a small construction company in the Fifth Ward or retaliation for whistleblowing at an energy giant downtown, the principles in this guide apply. If, after reading, you need individualized legal advice, 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

Texas follows the at-will employment doctrine, meaning employers can terminate employees for almost any reason—or no reason at all—provided the reason is not illegal. Illegal reasons include termination based on race, color, sex (including pregnancy, gender identity, and sexual orientation), national origin, religion, disability, age (40 or older), or in retaliation for protected activity under state or federal law.

Key Federal Statutes That Protect Houston Workers

• Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, sex, national origin, or religion.

• Age Discrimination in Employment Act (ADEA): Protects workers age 40 and above.

• Americans with Disabilities Act (ADA): Requires reasonable accommodations for qualified employees with disabilities.

• Fair Labor Standards Act (FLSA): Establishes federal minimum wage, overtime rules, and child-labor protections.

Texas-Specific Laws & Protections

• Texas Labor Code § 21: Mirrors Title VII, ADEA, and ADA protections, covering employers with 15 or more employees.

Texas Payday Law (Texas Labor Code Chapter 61): Governs timely payment of wages and authorizes TWC investigations.

• Texas Whistleblower Act (for public employees): Prohibits retaliation against state or local employees who report legal violations in good faith.

• Workers’ Compensation Retaliation (Texas Labor Code § 451): Shields employees who file or assist with workers’ compensation claims.

Wage & Hour Basics for Houston Employees

Texas adopts the federal minimum wage—currently $7.25/hour. Hourly, non-exempt employees must receive 1.5 times their regular rate for hours worked beyond 40 in a workweek, unless an FLSA exemption applies. Local ordinances in Houston do not override state law on minimum wage, but city-contract workers may be covered by living-wage agreements.

Common Employment Disputes in Texas

1. Wrongful Termination

Wrongful termination exists when an at-will firing violates a statute, public policy, or contract. Typical Houston-area examples include termination for filing an EEOC charge or for taking protected medical leave under the Family and Medical Leave Act (FMLA).

2. Wage & Hour Violations

Oilfield and refinery shift workers often report unpaid “off-the-clock” tasks such as mandatory safety meetings or putting on personal protective equipment. Service-industry workers in Midtown and the Galleria frequently cite tip-credit abuses.

3. Workplace Discrimination

Discriminatory practices can range from refusing to promote qualified women in male-dominated energy roles to denying reasonable accommodations for healthcare workers with disabilities in the Texas Medical Center.

4. Retaliation & Whistleblowing

Texas leads the country in whistleblower retaliation charges filed with the EEOC. Common scenarios include dockworkers reporting OSHA violations and tech employees objecting to securities fraud.

5. Harassment

Sexual and racial harassment remains pervasive. Under both Title VII and Texas Labor Code § 21, employers must prevent and correct conduct that creates a hostile work environment. Failure to do so can result in employer liability—even if the harassment comes from a client or third party.

Texas Legal Protections & Regulations: Statutes, Agencies, and Deadlines

Filing a Charge with the EEOC

Deadline: 300 days from the discriminatory act (because Texas has a state deferral agency). File at the EEOC Houston District Office or online.

Filing with the Texas Workforce Commission Civil Rights Division (TWC-CRD)

Deadline: 180 days from the adverse action to file a sworn complaint under Texas Labor Code § 21. Filing with either the EEOC or TWC satisfies dual-filing; your charge will be cross-filed.

Texas Payday Claim

Deadline: 180 days after the wages became due. File online through TWC’s Wage Claim portal. You may claim unpaid wages, commissions, or bonuses, but not overtime (handled by the U.S. Department of Labor).

Retaliatory Discharge for Workers’ Compensation

Limitations period: Two years from the date of discharge (Texas Labor Code § 451).

Wrongful Termination in Violation of Public Policy (Sabine Pilot claims)

Limitations period: Two years. This tort protects employees fired solely for refusing to commit an illegal act.

Federal Court Litigation

Employees must receive a Notice of Right to Sue from the EEOC. You have 90 days from receipt to file a discrimination lawsuit in federal court.

Statutes of Limitation at a Glance

• EEOC/TWC discrimination: 180–300 days to file

• FLSA overtime/minimum wage: 2 years (3 for willful violations)

• Sabine Pilot public-policy discharge: 2 years

• Workers’ comp retaliation: 2 years

• Breach of written employment contract: 4 years

Steps to Take After an Employment Dispute

Document Everything

Immediately write down dates, names of witnesses, discriminatory comments, paycheck stubs, timecard records, emails, and text messages. Preserve copies outside the company’s network, but do not remove proprietary data.

Review Employer Policies

Locate your employee handbook. Many Houston employers require internal complaint procedures before external filings. Failing to follow them can limit recovery.

File an Internal Complaint

Submit a written complaint to HR or a designated compliance officer. Keep a dated copy. Employers who fail to act after notice become more vulnerable in litigation.

Seek Medical or Counseling Support if Needed

Harassment and retaliation often trigger anxiety or depression. Medical records can serve as evidence of emotional distress damages.

Consult an Employment Attorney Early

Deadlines are unforgiving. A lawyer can calculate filing periods, draft charges, and negotiate severance. Louis Law Group offers free consultations: 833-657-4812.

File with the Appropriate Agency

Use the EEOC Public Portal or TWC online forms. Attach supporting documents. If filing an FLSA claim, contact the U.S. Department of Labor’s Wage and Hour Division in Houston.

Cooperate with Investigations

A timely response to agency requests can expedite findings. Provide sworn statements and attend mediation when offered.

Consider Mediation or Settlement

Early resolution saves time and legal fees. EEOC mediation is free and confidential. Discuss settlement value with your lawyer before negotiations.

Litigate if Necessary

Should agencies fail to resolve your matter, you may pursue state or federal court litigation. Jury trials in the Southern District of Texas are common for Houston workers.

When to Seek Legal Help in Texas

Houston employees should consider hiring counsel when:

• An employer threatens termination for engaging in protected activity.

• You suspect classification as "independent contractor" is depriving you of overtime.

• A Right-to-Sue letter arrives, triggering the 90-day federal filing window.

• You are offered a severance agreement containing a waiver of discrimination claims.

• Evidence suggests systemic discrimination affecting multiple coworkers, raising potential class or collective action.

Why Louis Law Group? Our attorneys are licensed in Texas state and federal courts, have recovered millions for wronged employees, and provide representation on a contingency-fee basis—meaning no legal fees unless we win. If you believe your workplace rights have been violated, call 833-657-4812 for a free case evaluation.

Local Resources & Next Steps for Houston Employees

Texas Workforce Commission (TWC) – File wage claims and discrimination complaints: TWC Official Site EEOC Houston District Office – 1919 Smith Street, 7th Floor, Houston, TX 77002: EEOC Houston

• U.S. Department of Labor, Wage and Hour Division – Houston District Office: Handles overtime and minimum-wage claims.

Houston Bar Association (HBA) Lawyer Referral Service: Free 30-minute consultation with a licensed attorney: HBA Referral

• Lone Star Legal Aid: Provides free civil legal services for low-income Texans in Harris County.

Taking prompt, informed action can mean the difference between recovering lost wages and watching deadlines expire. Educate yourself using the resources above, but remember: each case is unique. For advice tailored to your specific situation, call Louis Law Group at 833-657-4812 to schedule a free, confidential consultation.

Disclaimer

This guide is for educational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship with Louis Law Group. Laws change frequently; consult a licensed Texas employment attorney for advice regarding your individual circumstances.