Texas Minimum Wage & Employment Law Guide – Lubbock, TX

Introduction: Why Employment Law Matters in Lubbock, Texas

Lubbock sits at the heart of the South Plains and supports a diverse economy driven by agriculture, health care, higher education, energy, and a growing technology sector. Whether you work at Texas Tech University, one of the region’s cotton gins, a local hospital, or an oil-field service company, you are protected by a mix of federal and Texas employment laws. Understanding those protections is crucial—especially in an at-will state like Texas where an employer can generally terminate employment for any nondiscriminatory, non-retaliatory reason.

This guide focuses on the Texas Minimum Wage Act, the federal Fair Labor Standards Act (FLSA), anti-discrimination statutes, and other workplace rights relevant to Lubbock residents. It aims to give employees a slight edge by explaining the steps you can take if your rights are violated and the resources available locally.

Understanding Your Employment Rights in Texas

Texas Minimum Wage Act vs. Federal Minimum Wage

The Texas Minimum Wage Act (Texas Labor Code §§ 62.001–62.205) adopts the federal minimum wage set by the FLSA, currently $7.25 per hour. Employers must pay at least this rate unless a valid exemption applies. Tipped employees may be paid $2.13 per hour so long as tips bring them to the $7.25 minimum.

• Overtime: Non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek under 29 U.S.C. § 207 of the FLSA.

• Recordkeeping: Employers must maintain payroll records for at least two years under 29 C.F.R. Part 516. Failure can support employee claims.

• Wage Deductions: Texas Labor Code § 61.018 bars deductions unless authorized in writing or required by law.

At-Will Employment and Its Exceptions

Texas follows the at-will doctrine: either party may end the employment relationship at any time, for any lawful reason. Key exceptions include:

• Statutory Protections: Termination that violates Title VII, the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, or the Texas Commission on Human Rights Act (TCHRA, Texas Labor Code Chapter 21) is unlawful.

• Public-Policy Exception: An employer cannot fire an employee for refusing to perform an illegal act. (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Contractual Limits: Written contracts, collective bargaining agreements, or employee handbooks that limit firing rights override pure at-will status.

Statutes of Limitations to Remember

• FLSA Minimum Wage/Overtime: Two years, or three if the violation is willful (29 U.S.C. § 255).

• Texas Payday Law Claims: 180 days from the date wages were due (Texas Labor Code § 61.051).

• EEOC/TWC Discrimination Charge: 300 days for Title VII claims when dual-filed with the Texas Workforce Commission Civil Rights Division; 180 days if filed only with the TWC.

• Sabine Pilot wrongful discharge: Two years from termination.

Common Employment Law Violations in Texas

1. Minimum Wage & Overtime Shortfalls

Industries common in Lubbock—hospitality, agriculture, and oil-field services—often require irregular hours. Employers sometimes misclassify non-exempt workers as independent contractors or salaried exempt managers to avoid overtime. Under the FLSA’s economic realities test, substance trumps labels. If the employer controls the schedule, provides tools, and the work is integral to the business, the worker is likely an employee entitled to overtime.

2. Tip Credit Abuse

Restaurants near Texas Tech or along the Loop may pool tips. The FLSA allows tip pooling only among employees who customarily receive tips. If managers take a share, the tip pool is invalid, and the employer loses the tip credit, owing full minimum wage for each tipped hour.

3. Misclassification of Agricultural Workers

Lubbock’s cotton industry employs seasonal crop hands. While certain farmworkers are exempt from overtime, most must receive at least minimum wage. Employers also must provide accurate wage statements under Texas law.

4. Discrimination & Harassment

Protected categories under Title VII and the TCHRA include race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per EEOC guidance), national origin, age (40+), disability, and—in Texas—military service. Unlawful practices include hiring bias, unequal pay, hostile work environment, and retaliation for opposing discrimination.

5. Retaliation & Whistleblowing

Reporting safety issues in oil-field or manufacturing settings, or filing a wage claim, triggers anti-retaliation protections in the FLSA, Occupational Safety and Health Act (OSH Act), and Texas Labor Code Chapter 21.

Texas Legal Protections & Employment Laws

Texas Labor Code

• Chapter 62 – Minimum Wage: Incorporates federal rate; provides limited exemptions.

• Chapter 61 – Payday Law: Requires payment twice per month for non-exempt employees and sets the complaint process through the Texas Workforce Commission (TWC).

• Chapter 21 – Employment Discrimination: Mirrors Title VII but applies to employers with 15+ employees and includes a state administrative process.

Federal Statutes

• FLSA: Governs minimum wage, overtime, equal pay, and child labor.

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

• ADA (42 U.S.C. § 12101): Prohibits disability discrimination; requires reasonable accommodations.

• Family and Medical Leave Act (FMLA): Up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons.

Complaint Procedures: EEOC & TWC

Texas is a “deferral” state, meaning the EEOC and TWC Civil Rights Division share jurisdiction. A properly dual-filed charge satisfies requirements under both Title VII and the TCHRA.

• File Charge: Within 300 days of the discriminatory act (or 180 if you opt for state only).

• Investigation: Agency may request statements, documents, and witness interviews.

• Mediation/Conciliation: Optional resolution step.

• Right-to-Sue: EEOC issues after 180 days; TWC after exhaustion of state process, typically 180 days.

Employees then have 90 days (federal) or 60 days (state) to file suit once the notice is received.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of pay stubs, schedules, emails, performance evaluations, and any discriminatory communications. Under Texas Labor Code § 66.301, employees may request personnel records concerning disciplinary actions.

2. Use Internal Policies First

Most Lubbock employers—especially large institutions like Covenant Health or Texas Tech—have formal grievance procedures. Using them can demonstrate good faith and may halt unlawful conduct.

3. File a Wage Claim

For unpaid wages below $20,000, the quickest route is the TWC Wage Claim process. Complete Form LL-1 and file within 180 days. The TWC can order payment plus penalties.

4. Submit an EEOC/TWC Charge

If discrimination, harassment, or retaliation is involved, make an appointment at the EEOC Lubbock Area Office (served out of Dallas District) or the TWC’s Amarillo field office. Dual filing preserves both state and federal rights.

5. Consider OSHA Complaints for Safety Issues

Oil-field and grain-elevator jobs common to West Texas carry safety risks. Workers may confidentially file a complaint within 30 days of retaliation.

6. Consult an Employment Lawyer

An experienced employment lawyer in Lubbock, Texas can evaluate your claim, calculate damages (back pay, front pay, liquidated or punitive damages), and file suit before deadlines expire.

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

When to Seek Legal Help in Texas

Red Flags Indicating You Need Counsel

• Terminated shortly after complaining about unpaid wages or discrimination.

• Asked to sign a severance agreement waiving claims without meaningful time to review.

• Denied overtime based on questionable “exempt” status.

• Subjected to pervasive harassment despite reports to HR.

• Offered less pay than peers of another protected class.

Choosing a Qualified Attorney

Texas attorneys must be licensed by the State Bar of Texas and maintain continuing legal education. Look for counsel who regularly practices employment law, has filed FLSA collective actions, and is familiar with the Northern District of Texas—Lubbock Division, where many local federal cases are litigated.

Potential Remedies

• Back Pay & Front Pay

• Liquidated Damages (FLSA) or Compensatory/Punitive Damages (Title VII limits based on employer size)

• Attorney’s Fees & Costs

• Reinstatement or Promotion

• Injunctive Relief to stop ongoing discrimination

Local Resources & Next Steps

Government Offices Serving Lubbock Workers

• Workforce Solutions South Plains – 2002 W. Loop 289, Suite 117, Lubbock, TX 79407

• EEOC Dallas District (serves Lubbock) – 207 S. Houston St., 3rd Floor, Dallas, TX 75202

• Texas Workforce Commission Wage & Hour – 101 E. 15th St., Austin, TX 78778 (claims filed online or by mail)

Non-Profit Assistance

• Legal Aid of NorthWest Texas – Lubbock Office: Assists low-income workers with wage claims and discrimination matters.

• Equal Justice Center: Handles wage theft cases for low-wage workers across Texas, including the Panhandle.

Self-Help Materials

Texas Payday Law Overview – TWC

FLSA Compliance Assistance

EEOC Laws and Guidance

Texas Statutes Online

Review these materials, gather your evidence, and act promptly—deadlines are unforgiving.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employment laws change frequently, and the application of law depends on specific facts. Consult a licensed Texas employment attorney before taking any 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.