Employment Law Attorneys in Texas

Texas is an at-will employment state: an employer can generally end employment for any reason that is not unlawful, and an employee can quit at any time. The limits come from statutes and a narrow common-law exception. Federal and Texas law prohibit discrimination and retaliation, the Fair Labor Standards Act sets minimum wage and overtime rules, and the Family and Medical Leave Act protects job-protected leave. Many of these laws apply only to employers above a certain size: Title VII and Chapter 21 of the Texas Labor Code generally cover employers with 15 or more employees (for sexual harassment complaints under Chapter 21, an employer with one or more employees is covered, Labor Code § 21.141), the Age Discrimination in Employment Act covers employers with 20 or more, and the FMLA covers employers with 50 or more.

Employers face litigation costs and damages when they get it wrong; employees face lost income and career harm. Both sides benefit from counsel who knows the deadlines, which are short. Hiring foreign workers is covered in the guide to business immigration attorneys in Texas, and health care workplace rules in the guide to healthcare law attorneys in Texas.

What Employment Law Attorneys Handle

Discrimination and Harassment

Title VII, the Americans with Disabilities Act, the ADEA, and Chapter 21 of the Texas Labor Code prohibit discrimination based on protected characteristics, including harassment that creates a hostile work environment. Attorneys represent employees bringing charges and employers responding to them before the EEOC and the Texas Workforce Commission Civil Rights Division and in court.

Wage and Hour Disputes

The FLSA and the Texas Payday Law govern minimum wage, overtime, and timely payment of earned wages. Misclassifying employees as independent contractors or as exempt from overtime is a common source of claims, and FLSA claims are often brought as collective actions.

Employment Agreements and Restrictive Covenants

Attorneys draft and review non-competes, non-solicitation and confidentiality agreements, and severance agreements. Texas enforces a covenant not to compete only if it is ancillary to or part of an otherwise enforceable agreement and contains reasonable limits on time, geographic area, and scope of activity (Business and Commerce Code § 15.50). For health care, Senate Bill 1318, effective September 1, 2025, added stricter rules: a physician non-compete must allow a buyout for no more than the physician’s total annual salary and wages, expire within one year after the employment ends, be limited to a five-mile radius from where the physician primarily practiced, and be clearly stated in writing, and it is void if the physician is involuntarily discharged without good cause. Similar limits now apply to dentists, nurses, and physician assistants. These changes apply only to covenants entered into or renewed on or after September 1, 2025; an earlier covenant is governed by the law in effect when it was entered into or renewed (SB 1318, Section 4). The FTC’s nationwide non-compete rule is not in effect: a Texas federal court set it aside in 2024, and in September 2025 the FTC voted to dismiss its appeals and accept that ruling.

Wrongful Termination and Retaliation

Because Texas is at will, a termination claim needs a legal hook. Firing someone because of a protected characteristic, or in retaliation for protected activity such as filing a discrimination charge or a workers’ compensation claim, creates claims. Texas also recognizes a very narrow common-law exception for an employee discharged for the sole reason that the employee refused to perform an illegal act, as the Supreme Court of Texas held in Sabine Pilot Service, Inc. v. Hauck (1985). Texas does not recognize a broad public policy exception. The Texas Whistleblower Act protects public employees who report violations of law (Government Code § 554.002); private-sector whistleblowers are protected only under specific statutes.

How to Choose an Employment Attorney

Employee or employer side. Most employment lawyers mainly represent one side. Ask which side the attorney usually represents.

Board certification. The Texas Board of Legal Specialization certifies attorneys in Labor and Employment Law.

Litigation experience. Ask about trials and arbitration hearings the attorney has handled, not only filings. Opposing counsel may take a settlement demand more seriously when the attorney has a credible trial record.

Fee structure. Employee-side lawyers often take discrimination and wage cases on contingency; employer-side work is usually hourly. Agree on the arrangement in writing.

Texas Employment Law Firms

Jackson Walker LLP

Location: Austin, Dallas, Fort Worth, Houston, San Antonio, San Angelo

Website: https://www.jw.com

Phone: 214-953-6000

Jackson Walker is a large Texas law firm. Their Labor and Employment practice represents employers in all aspects of employment law. The firm handles litigation, compliance counseling, and employment aspects of corporate transactions.

Practice Focus:

• Employment litigation defense
• Wage and hour collective action defense
• Non-compete and trade secret litigation
• Labor relations and union matters
• Executive compensation

Rob Wiley, P.C.

Location: Dallas, Texas

Website: https://www.robwiley.com

Phone: 214-528-6500

Rob Wiley, P.C. represents employees exclusively in employment law matters. The firm focuses solely on employment law, operating from Uptown Dallas. Rob Wiley, Austin Campbell, and Deontae Wherry hold Board Certification in Labor and Employment Law from the Texas Board of Legal Specialization.

Practice Focus:

• Employment discrimination
• Sexual harassment
• Wrongful termination
• Unpaid wages and overtime
• Retaliation claims

Ross Scalise Employment Lawyers

Location: Austin, Texas

Website: https://www.rosslawgroup.com

Phone: 512-474-7677

Ross Scalise Employment Lawyers represents employees in employment law matters. The firm handles cases in Austin, Houston, Fort Worth, and Dallas. The firm litigates discrimination, harassment, retaliation, and wage theft claims through settlement or trial.

Practice Focus:

• Workplace discrimination
• Sexual harassment
• Overtime and wage violations
• Wrongful termination
• Employer retaliation

Costs and Fees

Employee-side attorneys commonly work on contingency, taking a percentage of any recovery, and some charge a consultation fee to evaluate a claim. Several employment statutes allow a prevailing employee to recover attorney’s fees from the employer. Employer-side work, including policy drafting, investigations, agency charges, and litigation, is usually billed hourly or under a retainer. Ask for a written fee agreement that explains percentages, costs, and how any fee award is handled.

Frequently Asked Questions

Is Texas an at-will employment state?

Yes. An employer can end employment for any reason that is not prohibited by law or by a contract, and an employee can quit without notice. Terminations based on a protected characteristic, in retaliation for protected activity, in breach of an employment contract, or for refusing to perform an illegal act can give rise to claims.

How long do I have to file an employment discrimination claim?

Deadlines are short. A complaint under Chapter 21 of the Texas Labor Code must be filed with the Texas Workforce Commission Civil Rights Division within 180 days after the unlawful employment practice, or within 300 days for a sexual harassment complaint (Labor Code § 21.202). A federal EEOC charge in Texas generally must be filed within 300 days. Missing the deadline can end the claim regardless of its merits.

Can my employer enforce a non-compete agreement in Texas?

Often, yes, if the non-compete is ancillary to an otherwise enforceable agreement and reasonable in time, geographic area, and scope. Courts can reform an overbroad covenant instead of voiding it. Physicians, dentists, nurses, and physician assistants have additional protections under 2025 legislation for covenants entered into or renewed on or after September 1, 2025. The FTC’s nationwide ban is not in effect.

What qualifies as overtime under Texas law?

Texas follows the federal FLSA. Non-exempt employees must be paid one and a half times their regular rate for hours over 40 in a workweek. The executive, administrative, and professional exemptions require both a duties test and a salary of at least $684 per week ($35,568 a year), according to the U.S. Department of Labor. The outside sales exemption has no salary requirement.

Sources

• Texas Labor Code: § 21.002, definitions including employer; § 21.141, sexual harassment definitions; § 21.202, filing deadlines
• Texas Government Code: § 554.002, Whistleblower Act
• Texas Business and Commerce Code: § 15.50, covenants not to compete; Senate Bill 1318 (2025), enrolled text
• U.S. Department of Labor: salary levels for exemptions; Fact Sheet 17F, outside sales exemption
• Federal employer-size definitions: 42 U.S.C. § 2000e; 29 U.S.C. § 630; 29 U.S.C. § 2611

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.