Texas Employment Law

The Texas Commission on Human Rights Act (now codified as Chapter 21 of the Texas Labor Code) prohibits employment discrimination based on race, color, disability, religion, sex, national origin, age (40+), and genetic information. The Act generally covers employers with 15 or more employees, and complaints must be filed within 180 days with the Texas Workforce Commission Civil Rights Division. For sexual harassment occurring on or after September 1, 2021, the Act covers employers with one or more employees and the filing deadline is 300 days. Texas does not include sexual orientation or gender identity as protected classes at the state level.

The Texas Payday Law requires employers to pay employees their full wages on regularly scheduled paydays and to provide final paychecks within specific timeframes after separation. The law covers all employers with one or more employees and provides a mechanism for employees to file wage claims with the Texas Workforce Commission when an employer fails to pay wages owed. The Act applies to all forms of compensation that have been earned and are due to the employee.

Texas Labor Code Section 451.001 prohibits employers from terminating or retaliating against employees for filing a workers' compensation claim in good faith, hiring a lawyer to represent them in a workers' compensation claim, instituting or causing to be instituted a workers' compensation proceeding, or testifying in a workers' compensation proceeding. The statute covers all employers regardless of size and provides a private right of action for wrongful termination.

Prohibits employers from terminating, threatening to terminate, or penalizing permanent employees because they serve as jurors.

Adopts the federal FLSA minimum wage by reference ($7.25/hour). Covers employees not exempt under FLSA. Provides a state-level cause of action for unpaid minimum wage and recordkeeping requirements.

Common-law exception to at-will employment recognized by the Texas Supreme Court. Allows wrongful discharge claim where the sole reason for termination is the employee's refusal to perform an illegal act that carries criminal penalties.

Protects state and local government employees who in good faith report a violation of law by their employing governmental entity or another public employee to an appropriate law enforcement authority.

The Austin Fair Chance Hiring Ordinance is a ban-the-box law that prohibits private employers with 15 or more employees from inquiring about a job applicant's criminal history before the initial interview. This ordinance provides substantially broader worker protections than Texas state law, which has no statewide ban-the-box requirement for private employers.

The Dallas Fair Housing and Human Rights Ordinance provides employment discrimination protections that are substantially more protective than Texas state law. It covers all employers with 1 or more employees and includes sexual orientation and gender identity and expression as protected classes, which are not covered under the Texas Commission on Human Rights Act. The ordinance is enforced by the Dallas Office of Equity and Inclusion.