Texas Minimum Wage & Employment Law Guide – McKinney, Texas

Introduction: Why McKinney Workers Need to Know Texas Employment Law

McKinney, Texas is one of the fastest-growing cities in the United States and the county seat of Collin County. From technology companies along the State Highway 121 corridor to long-standing manufacturers such as Encore Wire, and from health-care facilities like Medical City McKinney to the thousands employed by McKinney Independent School District, the local economy is booming. With growth come new jobs, a diverse workforce, and—unfortunately—more opportunities for wage violations, discrimination, or wrongful termination. Understanding the Texas minimum wage law, the broader framework of Texas employment law, and the specific procedures available to McKinney employees empowers you to safeguard your livelihood.

This guide is written for employees and job seekers who live or work in McKinney. It pulls exclusively from authoritative sources such as the Texas Labor Code, the Fair Labor Standards Act (FLSA), the Texas Commission on Human Rights Act (TCHRA), and guidance from the Texas Workforce Commission (TWC) and the U.S. Equal Employment Opportunity Commission (EEOC). While the article slightly favors workers, the information is strictly factual and location-specific. Review the sections below to learn about minimum wage, overtime, anti-discrimination protections, at-will employment exceptions, complaint deadlines, and local resources available in McKinney.

Understanding Your Employment Rights in Texas

1. Texas Minimum Wage and Overtime Basics

The Texas Minimum Wage Act, Texas Labor Code § 62.051, adopts the federal minimum wage by reference to the FLSA. As of 2024 that rate is $7.25 per hour. Most private and public employers in McKinney must pay at least this amount unless an exemption applies (e.g., certain farmworkers, domestic workers, or student learners under a special certificate issued by the U.S. Department of Labor). Key points:

• Tipped employees may be paid not less than $2.13 per hour if their tips plus wages equal at least $7.25 per hour. Employers must make up the difference when tips fall short.

• Overtime: Under FLSA § 207, non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek. No Texas law conflicts with this requirement, so federal rules apply in McKinney.

• Record-keeping: Employers must keep accurate payroll records for at least two years (FLSA regulations 29 C.F.R. § 516).

2. Anti-Discrimination and Harassment Protections

Texas follows an at-will employment doctrine—meaning employers may terminate workers for any lawful reason or no reason at all—unless the action violates a statute, public policy, or contract. Employees still enjoy significant protections under:

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

• Texas Commission on Human Rights Act (TCHRA), Texas Labor Code Chapter 21 – mirrors Title VII but also covers employers with 15 or more employees in Texas and includes age and disability protections.

• Americans with Disabilities Act (ADA) – requires covered employers to provide reasonable accommodations to qualified individuals with disabilities.

• Age Discrimination in Employment Act (ADEA) – protects workers age 40 and older.

Retaliation for reporting discrimination or participating in an investigation is unlawful under both federal and state statutes.

3. Protected Leave and Accommodations

• Family and Medical Leave Act (FMLA) – up to 12 weeks of unpaid, job-protected leave for eligible employees. Employers in McKinney with 50+ employees within a 75-mile radius must comply.

• Pregnancy & Lactation Accommodations – Under the Pregnant Workers Fairness Act (effective 2023) and TCHRA, reasonable accommodations are required unless they impose an undue hardship.

• Military Leave – Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the National Guard or Reserves employed by McKinney businesses.

Common Employment Law Violations in Texas

1. Wage Theft and Misclassification

Wage theft in McKinney often takes the form of:

• Off-the-clock work – being required to set up before clock-in or clean up after clock-out.

• Misclassification as independent contractors – denying overtime and benefits. Texas courts apply the “right-to-control” test (Herman v. Express Sixty-Minutes Delivery Serv., Inc., 161 F.3d 299 (5th Cir. 1998)).

• Tip-pool abuses – unlawful sharing with managers or non-tipped staff.

2. Discriminatory Termination or Discipline

Examples include firing a pregnant employee after she requests light duty, bypassing older workers for promotions, or disciplining Black or Latino employees more harshly for the same infraction as non-minority coworkers. Evidence often comes from comparator analysis or statistical disparities.

3. Retaliation for Whistleblowing

Under Texas Labor Code § 21.055 and comparable federal provisions, retaliation can include termination, demotion, schedule changes, or negative evaluations following a protected activity. Texas also recognizes a Sabatino public-policy exception: an employer cannot fire a worker for refusing to perform an illegal act (Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

4. Failure to Provide Reasonable Accommodations

A McKinney call-center employer that refuses an employee's request for a sit-stand desk due to a medically documented back condition risks liability under the ADA and TCHRA.

Texas Legal Protections & Employment Laws

1. At-Will Employment and Its Exceptions

Texas is an at-will state (see Montgomery County Hosp. Dist. v. Brown, 965 S.W.2d 501 (Tex. 1998)), allowing employers wide discretion. However, termination is unlawful when it:

• Violates a statute (e.g., Title VII, TCHRA, FMLA, FLSA).

• Breaches an employment contract or collective bargaining agreement.

• Results from an employee refusing to commit an illegal act (Sabine Pilot exception).

• Retaliates against an employee for filing a workers’ compensation claim (Tex. Labor Code § 451.001).

2. Statutes of Limitations in Employment Cases

• Wage claims – File with TWC within 180 days of the violation (Tex. Lab. Code § 61.051). FLSA civil action: 2 years, or 3 years for willful violations (29 U.S.C. § 255).

• Discrimination charges – File with TWC/EEOC within 180 days; dual filing extends to 300 days with EEOC for Title VII or ADA claims.

• Sabine Pilot wrongful discharge – 2-year statute under Tex. Civ. Prac. & Rem. Code § 16.003.

• FMLA retaliation – File in federal court within 2 years; up to 3 years for willful conduct.

3. Employer Posting & Record Duties

Both federal and state laws require employers to display posters on minimum wage, anti-discrimination, OSHA, and USERRA rights in a conspicuous location. Failure can constitute evidence of willfulness in wage cases.

4. Attorney Licensing and Fee Shifting

Only attorneys licensed by the State Bar of Texas may provide legal advice in Texas courts. Many employment statutes, including Title VII, ADA, and FLSA, allow prevailing employees to recover attorney’s fees, incentivizing counsel to take meritorious cases.

Steps to Take After Workplace Violations

1. Document the Problem

• Save emails, text messages, schedules, pay stubs, and performance reviews.

• Write a chronology of events with dates, witnesses, and any HR interactions.

• If a policy manual exists, keep a copy; it may contain progressive discipline or arbitration clauses.

2. Complain Internally (If Safe)

Texas and federal retaliation statutes protect reasonable internal complaints. Put the complaint in writing to HR or management and keep proof of delivery.

3. File an Administrative Charge

Before suing for discrimination, you must file a charge with the TWC Civil Rights Division or EEOC. McKinney workers can:

Submit online through the TWC Civil Rights Division Portal.

• Visit the EEOC Dallas District Office (207 S. Houston St., Dallas, TX 75202) or schedule a phone interview.

• Ensure filing within 180 days (state) or 300 days (federal dual filing).

4. File a TWC Wage Claim

Use TWC Form WH-1 within 180 days of the wage violation. The TWC may order back pay, penalties, or refer non-payment to the Texas Attorney General.

5. Consider Mediation or Settlement

Both EEOC and TWC offer voluntary mediation. Settlement can secure reinstatement, back pay, and policy changes without protracted litigation.

When to Seek Legal Help in Texas

1. Red Flags Requiring an Employment Lawyer

• Termination shortly after raising a protected complaint.

• Significant unpaid overtime or minimum wage shortfalls.

• Requests to sign sweeping release agreements in exchange for modest severance.

• Evidence of systemic discrimination (e.g., statistical patterns, “glass ceiling”).

2. Choosing the Right Attorney

Search for “employment lawyer McKinney Texas” or consult the State Bar of Texas Lawyer Referral Directory. Confirm:

• Texas licensure and good standing.

• Experience with FLSA and TCHRA cases.

• Fee structure—contingency, hourly, or hybrid.

Many firms, including the Louis Law Group, offer free consultations. Because many statutes allow recovery of attorney’s fees, employees often pay nothing upfront for meritorious claims.

Local Resources & Next Steps for McKinney Workers

1. Texas Workforce Commission – Workforce Solutions for North Central Texas

The nearest Workforce Solutions office serving McKinney is located at 1701 W. Eldorado Pkwy., Suite 250, McKinney, TX 75069. Services include job-search assistance, résumé workshops, and wage-claim forms.

2. Collin County Law Library

Open to the public at 2100 Bloomdale Rd., McKinney, TX 75071, the library provides Texas Labor Code volumes, Texas Jury Verdict Reporter, and Westlaw terminals (limited minutes).

3. City of McKinney Human Resources Department

Municipal employees should exhaust the City’s internal grievance procedure found in the Employee Handbook before pursuing external claims.

4. Additional Authoritative References

U.S. Department of Labor Wage and Hour Division Equal Employment Opportunity Commission Official Site Texas Statutes – Labor Code

Legal Disclaimer

This article is for informational purposes only and does not create an attorney-client relationship. Laws change, and the facts of every case are unique. Consult a licensed Texas employment attorney before acting on any information provided.

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.