The five major kinds of employment laws cover wage-and-hour protections, anti-discrimination rights, workplace safety, leave entitlements, and workers’ compensation. If you work in San Antonio and something has gone wrong at your job, one or more of these laws likely apply to your situation. Here is what each one means for you and what it protects.
1. Wage and Hour Laws
Wage and hour laws set the rules for how much you must be paid and when. At the federal level, the Fair Labor Standards Act (FLSA) establishes the federal minimum wage, requires overtime pay at 1.5 times your regular rate for hours worked beyond 40 in a workweek, and limits child labor.
Texas follows the federal minimum wage, currently set at $7.25 per hour. The Texas Payday Law under Texas Labor Code Chapter 61 adds state-specific protections around when and how employers must pay you, including rules on final paychecks after termination.
Common wage violations San Antonio workers face include:
- Being misclassified as an independent contractor to avoid overtime pay
- Having tips withheld or shared in ways that violate federal rules
- Being required to work off the clock before a shift starts or after it ends
- Not receiving a final paycheck within the required timeframe after leaving a job
If your employer has shorted your pay, you may have a claim under the FLSA, the Texas Payday Law, or both.
2. Anti-Discrimination Laws
Anti-discrimination laws make it illegal for an employer to treat you unfairly because of who you are. Federal laws like Title VII of the Civil Rights Act of 1964 prohibit discrimination based on race, color, religion, sex, and national origin. The Americans with Disabilities Act (ADA) protects workers with disabilities, and the Age Discrimination in Employment Act (ADEA) covers workers 40 and older.
At the state level, Texas Labor Code Chapter 21 mirrors many federal protections and extends them to employers with 15 or more employees operating in Texas.
Discrimination can show up in many ways:
- Being passed over for a promotion despite equal or better qualifications
- Receiving different pay than coworkers who do the same job
- Being fired, demoted, or written up after reporting discrimination
- Facing a hostile work environment based on a protected characteristic
- Being denied a required accommodation for a disability
If something at work feels wrong and it seems connected to your identity or a characteristic you cannot change, these laws may protect you.
3. Workplace Safety Laws
You have the right to work in an environment that does not put your life at risk. The Occupational Safety and Health Act (OSH Act) requires most private employers to provide a workplace free from recognized hazards that could cause death or serious physical harm. The federal Occupational Safety and Health Administration (OSHA) enforces these rules and investigates complaints.
In Texas, many workers are covered by federal OSH regulations. If your employer retaliates against you for reporting a safety hazard, that is a separate violation with its own legal protections. You can file a complaint with OSHA and, depending on the circumstances, pursue additional claims.
This matters especially in San Antonio’s construction, manufacturing, and service industries, where physical hazards are part of the daily job.
4. Leave Laws
Leave laws give you the right to take time away from work in certain situations without losing your job. The most important federal law here is the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for reasons like:
- A serious health condition of your own
- Caring for a spouse, child, or parent with a serious health condition
- The birth, adoption, or foster placement of a child
- Certain situations related to a family member’s military service
To qualify for FMLA, you generally need to have worked for your employer for at least 12 months, logged at least 1,250 hours in the past year, and work at a location where the employer has 50 or more employees within 75 miles.
Texas does not have a state-level paid family leave law, which means FMLA is often the primary protection available. If your employer denied your leave request, interfered with your FMLA rights, or fired you for taking leave, that may be grounds for a claim.
5. Workers’ Compensation Laws
Workers’ compensation is a system that provides benefits if you are injured on the job or develop a work-related illness. Under Texas Labor Code Chapter 401, Texas is unique in that private employers are not required to carry workers’ compensation insurance. Employers who opt out are called “non-subscribers.”
This creates two very different situations for injured workers in San Antonio:
- If your employer carries workers’ comp: You are generally limited to the workers’ comp system for wage replacement and medical benefits, with some exceptions.
- If your employer is a non-subscriber: You may be able to file a personal injury lawsuit, and the employer cannot use certain common defenses.
Regardless of which situation applies to you, knowing what your employer carries and clarifying your rights after a workplace injury is something you need to sort out quickly. Delays can affect your ability to recover benefits.
When These Laws Overlap
Real workplace situations rarely fit neatly into one category. A worker who is injured and then fired for filing a complaint may have claims under both OSH regulations and state law. A worker denied FMLA leave for a disability-related condition may have grounds under both the FMLA and the ADA. If something happened to you at work, more than one of these five areas may apply, which is why it matters to look at the full picture.
Talk to Our San Antonio Employment Law Attorneys About Your Situation
If you are dealing with wage theft, discrimination, a denied leave request, a workplace injury, or any situation where your rights at work feel like they have been ignored, The Galo Law Firm is here to help San Antonio workers make sense of what happened and what options they have. Call us at (210) 764-6135 or contact us online to schedule a consultation with one of our San Antonio employment law attorneys today.