Dallas Employment Lawyers

It's best to speak directly with an attorney about the nuances in the laws that may apply to you, as well as the legal claims that you may have. In the meantime, here's an overview of some of the basic protections for Dallas employees under local, state, and federal laws.

Employees often want to make sure that their employer is paying them appropriately. Unlike some major cities, Dallas doesn't have its own minimum wage ordinance. Texas has a minimum wage law, but it applies only to employees who aren't already covered by the federal Fair Labor Standards Act. The Texas Minimum Wage Act provides that Texas adopts the federal minimum wage, which is $7.25 per hour. Employees and employers may agree on a higher wage through collective bargaining. Tips and the value of meals and lodging provided by employers may be counted toward the minimum wage, with some restrictions. Exemptions apply to certain types of employees, such as outside salespersons and executive, administrative, and professional employees. The Texas Workforce Commission administers the law.

Since the federal FLSA has been interpreted broadly to cover most employees, it's more likely to apply than the Texas Minimum Wage Act. As noted above, it requires a minimum wage of $7.25 per hour. An employer can apply a tip credit to its minimum wage obligation, although it must pay tipped employees at least $2.13 per hour regardless of the size of their tips. The FLSA also provides a right to overtime pay, which is calculated at 1.5 times the employee's regular rate of pay for each hour worked beyond 40 hours in a workweek. (As with the Texas Minimum Wage Act, certain groups of employees are exempt.) The Wage and Hour Division of the U.S. Department of Labor oversees the FLSA.

Sometimes an employee wonders whether certain tasks or activities count as working time that must be compensated. Hours worked generally include any time that the employee is allowed to work, including when they voluntarily choose to keep working after the end of their shift with the employer's permission. Rest periods of 20 minutes or less are considered hours worked, as are time periods when an employee is required to remain on call at their workplace, even if they're not actually performing job tasks. Time on call at home generally doesn't count as hours worked, although there are some cases when it might be considered hours worked if the employer restricts what the employee can do during that time. Traveling as part of a day's work is considered hours worked, although the employee's normal commute is not. Any job-related training programs are considered hours worked as well.

Most Dallas employers aren't allowed to discriminate against employees and job applicants based on certain traits protected by local, state, or federal laws. Illegal discrimination may take forms such as:

• Refusing to hire a job applicant
• Demoting an employee
• Unequal pay for similar duties
• Withholding benefits or training
• Providing less favorable work assignments
• Firing an employee
• Harassment that reaches a certain level

Dallas has a limited law that protects people from employment discrimination based on sexual orientation or gender identity and expression. It's enforced by the Human Rights Division of the Dallas Office of Equity and Inclusion. Otherwise, employees are protected by state and federal laws.

The main Texas law on employment discrimination is the Texas Commission on Human Rights Act, which is found at Chapter 21 of the Texas Labor Code. The TCHRA prohibits employment discrimination based on race, color, disability, religion, sex (including pregnancy), national origin, or age. It generally applies to employers with 15 or more employees, although a provision specific to sexual harassment applies to employers of all sizes. The Civil Rights Division of the Texas Workforce Commission enforces this law. Someone alleging a violation must file a complaint within 180 days, or within 300 days if it involves sexual harassment.

Various federal laws also protect many employees in Texas. These include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans With Disabilities Act. Title VII covers discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. The ADEA prohibits discrimination because an employee is 40 or older. The ADA not only prohibits adverse actions against an employee with a qualifying disability but also requires employers to provide reasonable accommodations for disabilities in most cases. Title VII and the ADA apply to employers with 15 or more employees, while the ADEA applies to employers with 20 or more employees. The agency that enforces most federal anti-discrimination laws is the U.S. Equal Employment Opportunity Commission. There’s a 180-day deadline for filing a charge of discrimination with the EEOC, although you have 300 days if a state agency enforces a state law that prohibits the same type of discrimination.

One of the most notorious types of harassment on the job is sexual harassment. This can take either of two main forms: quid pro quo harassment or hostile work environment harassment. Quid pro quo harassment means that a supervisor or someone else who has power over an employee demands that they submit to sexual advances in exchange for an employment benefit, or in exchange for avoiding a negative employment action. For example, this occurs when a manager tells an employee that they'll get a raise if they start dating the manager. Only someone with authority can engage in quid pro quo harassment.

Meanwhile, a hostile work environment occurs when unwelcome sexual conduct or statements create an offensive working environment. These may range from groping and fondling to inappropriate comments, jokes, texts, and emails. The unwelcome behavior can come from anyone, including coworkers or customers of the business. To be illegal, it must be severe or pervasive. A single minor incident generally isn't enough to support a claim, but a series of minor incidents taken together could be enough.

A recent addition to the TCHRA specifically addresses sexual harassment. It provides that an employer breaks the law if an employee is sexually harassed, the employer knows or should know about the conduct, and the employer doesn't take immediate and appropriate corrective action.

Some cities and states have laws requiring employers to provide paid sick leave to employees, or leave for certain purposes related to medical conditions or important family needs. Neither Dallas nor Texas has these laws. (Dallas briefly had a paid sick leave law, but a court ruled that it was unenforceable.)

However, employees in Dallas may be protected by the federal Family and Medical Leave Act. The FMLA generally applies to employers that have at least 50 employees. An employee may be eligible for this leave if they work at a place where there are at least 50 employees within 75 miles, and they've worked for the employer for at least 12 months, with at least 1,250 working hours within the 12 months before the leave. If you're eligible for FMLA leave, you can get up to 12 weeks in a 12-month period for any of the following reasons:

• A serious medical condition that doesn't allow you to do your work
• Taking care of your spouse, child, or parent if they have a serious medical condition
• Caring for a child who has joined your family in the first year after their birth, adoption, or foster care placement
• Certain qualifying exigencies involving the military service of a spouse, parent, or child

The FMLA also gives an employee a right to military caregiver leave. This means that they can take up to 26 weeks of leave during a 12-month period to care for a qualifying family member in the military who has a qualifying serious injury or illness. FMLA leave is not paid, but it's job-protected; you're entitled to come back to your job or an equivalent job after your leave.

In addition, an employer must comply with the terms of any policy or contract that provides certain rights to leave to its employees. Failing to do this could allow an employee to bring a breach of contract claim.

An employer in Texas is generally free to fire an employee for any reason. This concept is known as "at-will employment," which is how the law works in most states. An employee is also free to leave their job for any reason. There are some limits to at-will employment, though, and an employee can bring a wrongful termination claim in certain situations.

For example, you can sue for wrongful termination if your employer fired you because you have a trait protected by the Texas Commission on Human Rights Act or a federal anti-discrimination law. You also may have a claim if your employer retaliated against you for filing a discrimination complaint or helping with an investigation of discrimination in your workplace. If you were fired because you refused to perform an illegal act that carries criminal penalties, you may have a claim under the Sabine Pilot rule, which was established by the Texas Supreme Court. In addition, your employer can't fire you for taking FMLA leave, filing a claim for workers' compensation benefits, or serving on a jury.

Sometimes an employee has a contract with their employer that allows the employer to fire them only for certain stated reasons. The employee might sue for wrongful termination if the employer fires them for a reason not permitted by the contract. In very limited situations, you might have a claim based on an "implied contract" that arises from the statements or policies of an employer, but these cases can be complex and challenging.

Texas differs from most states in that it doesn't require an employer to provide workers' compensation. It's usually a good idea, though, since otherwise an injured employee could sue the employer in a personal injury lawsuit. Having workers' comp means that benefits will be provided for a job-related injury regardless of fault, but the employee can't sue the employer. (They could sue a third party that was responsible for their injury.) If you were hurt on the job, you have 30 days to report your injury to your employer. You also must submit your claim to the Division of Workers' Compensation in the Texas Department of Insurance within one year from your injury.

The main types of workers' compensation benefits in Texas are medical benefits and income benefits. Medical benefits account for care that is reasonable and necessary for treating the injury or illness. Income benefits come in four forms:

• Temporary income benefits when an injury or illness causes an employee to lose some or all of their wages for more than seven days
• Impairment income benefits for an injury or illness that permanently affects the employee's body as a whole
• Supplemental income benefits in certain situations after impairment income benefits end
• Lifetime income benefits when an employee has suffered any of certain serious injuries, such as the loss of vision, the loss of both feet or both hands, or certain major spinal injuries, brain injuries, or burn injuries

Death benefits and burial benefits also may be available after an employee dies in a job-related incident.

If you've lost your job or are working reduced hours through no fault of your own, you might be able to get unemployment benefits through the Texas Workforce Commission. You also might be eligible for these benefits if your employer demanded that you resign or if you quit for a good reason, such as dangerous working conditions, not getting paid, dealing with an illness or injury that prevented you from working, or caring for a child with an illness. However, you generally won't be able to get unemployment benefits if you were fired because of misconduct such as breaking a law or a company policy, or failing to adequately perform your work.

In a week for which you're eligible for unemployment benefits, you'll receive an amount based on your past wages but subject to a minimum of $74 and a maximum of $591 as of 2025. During the 52-week "benefit year," you can't receive more than 26 times your weekly benefit amount. You can only get benefits if you're able and available to work, and if you're actively searching for work. You'll need to register at WorkInTexas.com for your work search.

The Dallas Office of Economic Development reports that well over 60,000 businesses are located in Dallas. Some of its major employers include:

• UT Southwestern Medical Center
• Dallas Independent School District
• City of Dallas
• Southwest Airlines
• Parkland Health & Hospital System
• Medical City Dallas
• Dallas County Community College
• Texas Instruments
• Dallas County
• Methodist Dallas Medical Center

In addition, 11 Fortune 500 companies have made their headquarters in Dallas.

If you suspect that your employer has violated one of the laws that protects employees in Dallas, you may want to know which agency enforces the law. You may be able to ask them for more information about your rights, or file a complaint about a specific problem. Here are some of the key agencies to know:

• Texas Minimum Wage Act: Texas Workforce Commission
• FLSA: Wage and Hour Division, U.S. Department of Labor
• Dallas anti-discrimination law (LGBTQ+ rights): Human Rights Division, Dallas Office of Equity and Inclusion
• TCHRA: Civil Rights Division, Texas Workforce Commission
• Title VII, ADA, and ADEA: U.S. Equal Employment Opportunity Commission
• FMLA: Wage and Hour Division, U.S. Department of Labor

If you may need to file a workers' comp claim, you can contact the Division of Workers' Compensation in the Texas Department of Insurance. Claims for unemployment benefits go through the Texas Workforce Commission.

Justia provides various free resources to consumers so that they can better understand their rights in a broad range of settings. One of these resources is the Employment Law Center in the Justia Legal Guides. In addition to general articles about federal laws and common issues that can come up in the workplace, the Employment Law Center provides 50-state surveys on certain topics, such as minimum wage, employment discrimination, jury duty leave, voting leave, and more.

Still, these are just summaries and don't address every problem that an employee might face. If you'd like to have a professional's input on a specific matter in your workplace, you can use our Justia Ask A Lawyer platform to ask a question. It will be publicly posted so that Texas employment lawyers can read and respond, based on their experience and knowledge. (Using Justia Ask A Lawyer doesn't create an attorney-client relationship with a lawyer who answers your question.)

If you're looking for legal advice or representation, you can check out the listings on this page in the Justia Lawyer Directory. You'll find a comprehensive range of attorneys in Dallas who can handle a variety of employment-related claims. It's a big decision, so take time to look through your options before reaching out to some attorneys who seem like they might be good fits.

Navigating workplace conflicts can feel overwhelming, particularly when your career, personal welfare, and peace of mind are threatened. Although hiring a lawyer might seem like an added expense at first, it often proves beneficial. Legal professionals bring a diverse skill set to your case that can improve your chances of success in various ways.

For example, they have a deep understanding of the pertinent laws and how they're interpreted, keeping pace with ongoing shifts in statutes and regulations. Your attorney will also handle the process of assembling evidence to show how your employer violated your rights and the extent of the costs or other harm that resulted.

Many employment disputes end in settlement discussions rather than going to trial. An attorney ensures you're not exploited during negotiations and provides a thoughtful assessment of any offers so that you can decide whether to accept one of them or continue with your case. If it eventually advances to a hearing or trial, your lawyer will be knowledgeable about the applicable rules and adept at presenting your position effectively, while steering clear of procedural pitfalls you might have a hard time avoiding by yourself.

Identifying an attorney who fits your needs can be challenging. Even with referrals from friends or relatives, you'll likely end up doing online research. Resources like the Justia Lawyer Directory can make it easier to compare prospective lawyers and simplify your search.

Since employment law encompasses a variety of issues, it's crucial to pick someone who has experience handling cases like yours. If you're seeking unpaid overtime, look for a lawyer adept in wage and hour disputes. If you weren't hired due to your religious beliefs or the country where you were born, find an attorney with a background in employment discrimination cases.

It's also wise to check a lawyer's record with the State Bar of Texas. A single minor infraction might not be disqualifying, but multiple or major violations should be a warning sign. Attorney misconduct can hurt your case, so it's best to avoid unnecessary risks.

Viewing the results featured on a firm's website will reveal whether they're well-versed and successful in matters similar to yours. Client reviews can offer insight into their communication style and professionalism, while endorsements from fellow lawyers may reflect strong standing in the legal community—an advantage during negotiations or in the courtroom.

Many employment attorneys provide a free initial consultation. Use that time to go over your situation and determine whether you're comfortable with the lawyer. Consider whether they seem well-informed and whether your personalities align. Ultimately, you need legal counsel who truly cares about your situation and treats you with the respect and compassion you deserve.

1. Is my employer required to provide meal breaks?

   Meal breaks are generally not required under the federal Fair Labor Standards Act or under the Texas Minimum Wage Act. Dallas doesn't have a specific law on the topic.

2. When do I get my final paycheck from my employer?

   If you get fired or laid off by your employer, your final payment will be due within six calendar days of your last day at work. If you quit or resigned, your final payment will be due on the next regularly scheduled payday after the date that your resignation took effect.

3. Does my employer need to pay out accrued vacation time if I leave the job?

   There's no Texas law requiring that an employer pay out accrued vacation time or PTO to a departing employee. However, if an employer has a policy or practice of paying out this time, an employee might be able to pursue this form of pay if they don't get it.

4. Am I allowed to leave work to vote?

   Your employer generally must allow you to be absent from work on Election Day or during early voting so that you can vote, and they can't retaliate against you for voting. There's an exception if the polls are open for two consecutive hours outside your working hours.

5. What will I need to pay my employment lawyer?

   Many employment attorneys charge their fees on an hourly basis, which means that you would pay them according to how much time they spend on your case. The fee likely will be greater if your case goes deep into litigation than if it settles efficiently. On the other hand, some lawyers in this area handle cases for a contingency fee. This means that they'll collect their fee as a percentage of any settlement or judgment that they get for you, while you won't need to pay them anything if they don't recover compensation. You might occasionally find a lawyer who will do a routine task for a flat fee, allowing you to know upfront how much their assistance will cost and figure out whether you want to pay for it.