Texas Minimum Wage & Employment Law Guide – El Paso, Texas

Introduction: Why Employment Law Matters in El Paso, Texas

Border city, military hub, and growing trade corridor—El Paso, Texas offers unique job opportunities in logistics, health care, defense, manufacturing, and cross-border retail. According to the Texas Workforce Commission (TWC), more than 330,000 people are employed in the El Paso metro area, with large employers such as Fort Bliss, the University Medical Center of El Paso, and El Paso Independent School District providing a significant share of jobs. Understanding texas employment law is essential for anyone working or hiring in this city. Texas follows an at-will employment doctrine, yet multiple state and federal statutes safeguard wages and bar discrimination. This guide provides El Paso workers and employers a factual, statute-focused roadmap so disputes can be prevented—or resolved efficiently.

How This Guide Helps You

• Cites only authoritative sources: Texas Labor Code, Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), and key Texas Workforce Commission regulations.

• Explains the procedural steps—deadlines, filing fees, and agency addresses—for wage claims and discrimination complaints in El Paso.

• Offers strategic but balanced insight that slightly favors employee protections without ignoring employer obligations.

Understanding Your Employment Rights in Texas

The Texas At-Will Employment Doctrine

Under East Line & Red River R.R. Co. v. Scott, 72 Tex. 70 (1888), and codified in part by Texas common law, employment in Texas is generally at-will. This means an employer may terminate an employee for any reason—or no reason—unless:

• Doing so violates a specific statute (e.g., anti-discrimination provisions in Texas Labor Code Chapter 21 or Title VII).

• The firing contravenes a written employment contract or collective bargaining agreement.

• It amounts to retaliation for protected activities such as filing a workers’ compensation claim (Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

Because at-will provides broad discretion to employers, workers in El Paso should know the exceptions that tilt the scale back toward fairness.

Minimum Wage and Overtime Basics

Texas has adopted the federal minimum wage under the FLSA. As of 2024, that rate is $7.25 per hour. Key wage rights include:

• Minimum Wage: Texas Labor Code § 62.051 adopts the federal rate unless Congress changes it.

• Overtime: Non-exempt workers are entitled to 1.5× their regular rate for hours worked over 40 in a seven-day workweek (29 U.S.C. § 207).

• Tip Credit: Employers may pay tipped employees as little as $2.13 per hour if the employee’s tips make up the difference to $7.25 (29 U.S.C. § 203(m)).

In El Paso’s hospitality and service sectors—restaurants in the Cincinnati Entertainment District or hotels near the international airport—tip credit compliance frequently triggers disputes. Workers should track tips and hours meticulously.

Anti-Discrimination Rights

Two primary statutes protect El Paso employees from unlawful bias:

• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e): Prohibits discrimination based on race, color, national origin, religion, or sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton Cty.).

• Texas Labor Code Chapter 21 (Texas Commission on Human Rights Act, or TCHRA): Mirrors Title VII but also covers age (40+) and disability in line with the ADA. Employees in Texas must file a charge within 180 days of the adverse act to preserve claims under state law (§ 21.202).

Because El Paso’s workforce includes a significant number of Hispanic and bilingual employees, national origin discrimination allegations are common. Both statutes outlaw English-only rules that are not job-related and necessary for operation.

Common Employment Law Violations in Texas

1. Unpaid Wages and Overtime Misclassification

Misclassifying hourly workers as independent contractors or exempt “managers” is one of the most frequent FLSA violations cited by the U.S. Department of Labor. In warehouses along the Border Highway (Loop 375) and call centers serving cross-border trade, employees often work >40 hours yet are paid a flat salary. Unless an exemption (e.g., executive, administrative, professional) applies—and duties tests are met—overtime must be paid.

2. Retaliation for Exercising Protected Rights

Texas Labor Code § 21.055 and Title VII bar employers from firing or demoting workers who:

• File a discrimination charge.

• Participate in an investigation.

• Oppose unlawful practices.

Retaliation is now the most common type of charge filed with the EEOC nationwide. In El Paso, retaliation claims often arise after employees request accommodations for military service obligations at Fort Bliss or for pregnancy-related conditions in the maquila supply-chain sector.

3. Discrimination Based on Disability

The ADA (42 U.S.C. § 12101) and Texas Labor Code §§ 21.001-.556 require reasonable accommodations unless doing so imposes an undue hardship. Examples: modified schedules for dialysis treatments at University Medical Center or ergonomic adjustments for back injuries in logistics warehouses near the Zaragoza International Bridge.

4. Failure to Provide Meal and Rest Breaks to Nursing Mothers

While Texas law does not mandate meal or rest breaks, Section 7(r) of the FLSA requires covered employers to provide break time and a private location (not a bathroom) for expressing breast milk for one year after childbirth. Non-exempt employees must be paid if the break is not completely relieved from duty.

5. Unlawful Deduction of Wages

Texas Labor Code § 61.018 prohibits deductions unless the employee has signed a written authorization or the deduction is otherwise authorized by law (e.g., taxes). In El Paso’s retail outlets, deducting cash‐drawer shortages without written consent violates this rule.

Texas Legal Protections & Employment Laws

Texas Labor Code Highlights

• Chapter 61: Texas Payday Law—establishes wage claim process with TWC (deadline: 180 days from when wages were due).

• Chapter 62: Texas Minimum Wage Act—adopts federal minimum wage but allows higher city/federal contracts rates when applicable.

• Chapter 451: Prohibits termination for filing a workers’ compensation claim (statute of limitations: 2 years from discriminatory act).

Federal Statutes Commonly Invoked

• FLSA: Wage and hour standards; 2-year statute of limitations (3 years for willful violations).

• Family and Medical Leave Act (FMLA): 12 weeks unpaid protected leave; private claims within 2 years.

• Uniformed Services Employment and Reemployment Rights Act (USERRA): Protects reservists stationed at Fort Bliss.

Statutes of Limitations Snapshot

Claim TypeAgency/ForumDeadline

Texas Payday Wage ClaimTWC180 days from pay due date

Discrimination (State)TWC Civil Rights Division180 days

Discrimination (Federal)EEOC300 days when TWC is deferral agency

FLSA OvertimeFederal or State Court2 years (3 if willful)

Workers’ Comp RetaliationState Court2 years

Attorney Licensing in Texas

Only lawyers licensed by the State Bar of Texas may provide legal advice or appear in court on behalf of another party. For federal claims filed in the Western District of Texas (El Paso Division), attorneys must also be admitted to that federal court.

Steps to Take After Workplace Violations

1. Document Everything

Keep pay stubs, schedules, performance reviews, and any written communications (emails, text messages, Slack logs). Under Federal Rule of Evidence 803(6), business records kept in the ordinary course are widely admissible.

2. Internal Complaint

Report the issue to Human Resources or a supervisor in writing. Internal policies often require exhaustion of in-house remedies before external claims. A documented complaint can later prove protected activity for retaliation claims.

3. File a Wage Claim with TWC (If Unpaid Wages)

• Visit the TWC Workforce Solutions Borderplex office at 300 E. Main Dr., El Paso, or file online.

• Submit the wage claim form within 180 days.

• Provide copies—not originals—of evidence.

TWC will investigate, issue a preliminary wage determination order, and may hold a telephone hearing. Either party can appeal to the civil courts of Travis County within 30 days.

4. File an EEOC or TWC Discrimination Charge

Because TWC is a “deferral” agency, filing with one automatically dual-files with the other. You may start online at EEOC Public Portal or visit the EEOC El Paso Area Office (City Hall, 300 N. Campbell St., Ste. 100). Key points:

• Deadline: 300 days from adverse act (federal) but 180 days to preserve state claims.

• Right-to-Sue Notice: After investigation, you can request one and then have 90 days to file suit.

5. Consider Mediation or Settlement

Both EEOC and TWC offer voluntary mediation at no cost. Settlement can address lost wages, reinstatement, and policy changes without litigation delays.

6. File in Court

If informal resolution fails, lawsuits may be filed in El Paso County District Court (state claims) or the U.S. District Court, Western District of Texas – El Paso Division (federal claims). Consult an employment lawyer el paso texas to assess venue, jurisdiction, and damages caps (e.g., Title VII limits based on employer size, 42 U.S.C. § 1981a).

Discover more about our services on the Louis Law Group website.

When to Seek Legal Help in Texas

While small-dollar wage claims can sometimes be resolved through TWC, legal counsel is strongly advised when:

• You face retaliation after complaining about unpaid wages or discrimination.

• Multiple employees are affected—potential class/collective actions increase leverage.

• Your damages exceed TWC’s administrative reach (TWC cannot award punitive damages).

• Deadlines are approaching: EEOC 300-day and court 90-day windows are unforgiving.

A licensed attorney can analyze whether to pursue claims under Texas Labor Code, FLSA, or parallel common-law causes such as defamation or breach of contract.

Choosing the Right Attorney

• Verify active license on the State Bar of Texas website.

• Check federal court admissions for Western District of Texas.

• Ask about contingency fee structures—common in wage and discrimination cases.

Local Resources & Next Steps

Texas Workforce Commission – Wage claim forms, unemployment benefits, and workforce training.

EEOC El Paso Area Office – File or follow up on discrimination charges.

U.S. Department of Labor Wage and Hour Division – Overtime, minimum wage, FMLA guidance.

Stay informed through reputable legal news outlets and the State Bar of Texas Labor & Employment Law Section.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employment laws are complex, and outcomes depend on specific facts. Always consult a licensed Texas attorney before taking legal action.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.