Workplace Issues in Texas

Under the TCHRA, workers have 180 days from the date of the discriminatory act to file a complaint with the Texas Workforce Commission Civil Rights Division. EEOC dual-filing extends the federal window to 300 days. After the TWC issues a right-to-sue notice, workers have 60 days to file in state court (or 90 days in federal court after an EEOC notice).

Texas's state civil rights law does not expressly protect sexual orientation or gender identity. Workers may rely on the federal Bostock v. Clayton County decision for federal protection under Title VII. Texas has preempted some local non-discrimination ordinances.

Texas follows the federal minimum wage of $7.25 per hour. Texas does not have a higher state minimum wage and prohibits local governments from enacting higher local minimum wages. Workers earning below the federal minimum should contact the U.S. Department of Labor Wage and Hour Division.

Texas is a strong at-will employment state. Employers can generally terminate employees for any reason or no reason, as long as it is not unlawful (discriminatory or retaliatory). The public policy exception is very narrow and requires a specific statutory or constitutional basis. Texas courts have been reluctant to expand wrongful termination claims beyond clear statutory violations.

Texas Business and Commerce Code Section 15.50 allows enforcement of non-compete agreements if they are ancillary to an otherwise enforceable agreement, supported by consideration, and reasonable in scope, duration, and geographic area. Texas courts have reformed overly broad non-competes rather than voiding them entirely, meaning a court may narrow the terms and still enforce the restriction. This "blue pencil" approach makes Texas more employer-friendly than many states on non-compete enforcement. Employees facing a non-compete should consider consulting an attorney to evaluate whether the specific terms are likely enforceable.

Texas workers who are not paid wages owed may file a wage claim with the Texas Workforce Commission under the Texas Payday Law (Tex. Lab. Code Chapter 61). The TWC investigates and may order payment plus penalties. The Payday Law requires employers to pay employees in full on regular paydays and within six days of termination if the employee was fired, or by the next regularly scheduled payday if the employee quit. Workers may also pursue unpaid wage claims under the federal Fair Labor Standards Act, particularly for overtime violations. Filing a wage claim is free and does not require an attorney.