Filing a State Labor Board Complaint in Texas

Federal labor law creates multiple complaint mechanisms depending on the violation type. Under the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), employees can file wage and hour complaints with the U.S. Department of Labor Wage and Hour Division. The FLSA covers most private employers with at least two employees and establishes minimum wage, overtime, and child labor protections. Workers have a three-year lookback period for wage violations (two years if unintentional), and the DOL can recover unpaid wages plus an equal amount in damages.

Under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), employees must file discrimination complaints (based on race, color, religion, sex, or national origin) with the Equal Employment Opportunity Commission within 180 days of the violation, or 300 days in deferral states with a state agency. The EEOC enforces the law and issues right-to-sue letters before lawsuits can proceed. Title VII applies to employers with 15 or more employees.

Under the Occupational Safety and Health Act (29 U.S.C. § 654), employees can report workplace safety hazards to OSHA or federal OSHA within 30 days of discovery. OSHA covers most private employers and requires employers to maintain a safe workplace free from recognized hazards. Employees are protected from retaliation for safety complaints. The Federal Mine Safety and Health Act (30 U.S.C. § 801 et seq.) provides separate safety protections for miners.

Texas does not have a centralized labor board. Instead, labor complaints are filed with state and federal agencies based on the type of violation. The Texas Workforce Commission (TWC) handles wage and hour complaints under the Texas Payday Law (Texas Labor Code § 61.001 et seq.). Employees can file a wage claim alleging unpaid wages, improper deductions, or violations of wage payment requirements. The TWC has jurisdiction over employers covered by federal law or with one or more employees in Texas.

Texas has adopted the federal OSHA program through Texas OSHA (TOSHA), operating under Texas Labor Code § 401.001 et seq. Texas workers file safety complaints directly with TOSHA or may file with federal OSHA at any time. TOSHA has the same 30-day complaint deadline as federal OSHA, and TOSHA is operated by the Texas Department of Labor and Workforce Development. Texas does not have a separate state discrimination enforcement agency; discrimination complaints under Texas Labor Code § 21.001 (Texas Commission on Human Rights Act) were enforced by the Texas Commission on Human Rights but this agency merged into the TWC in 2003. Discrimination complaints now go to the EEOC, which has authority over federal Title VII claims and can reference state law violations.

Texas is a non-deferral state for EEOC purposes, meaning the EEOC processes charges immediately without initial referral to state agencies. However, Texas workers filing discrimination claims through the TWC wage division cannot typically file direct discrimination complaints with TWC. The key difference from federal law is that Texas provides a wage claim procedure under state law that may move faster than federal DOL procedures; the TWC can issue a determination within 60 days of filing. Texas law also covers smaller employers than federal law in some contexts—the Texas minimum wage law applies to employers with one or more employees, whereas federal law applies primarily to interstate commerce.

Texas Labor Code § 61.001 excludes certain employee categories from wage protection coverage, including: independent contractors, individuals operating their own business, executive and professional employees meeting federal FLSA exemptions, and family members employed by a family business. Wage claims are barred if the employee accepted a final check and released all claims, though this release is narrowly construed by courts. The TWC will not process wage claims where a valid collective bargaining agreement addresses the same wage dispute.

OSHA complaints do not apply to self-employed individuals, family farming operations (under limited OSHA exemption), federal employees (covered under separate OSHA-equivalent program), and certain industries like maritime (covered under separate rules). Texas OSHA complaints may be declined if the complaint is too vague to identify a specific hazard or if the hazard has already been abated.

EEOC discrimination complaints do not apply to employers with fewer than 15 employees under Title VII, though other federal statutes may apply (e.g., Age Discrimination in Employment Act applies to 20+ employees; ADA applies to 15+ employees). Complaints filed more than 180 days after the violation are time-barred unless the employee can prove continuing violation. EEOC complaints are also barred if the employee signed a waiver or settlement agreement releasing all claims related to the violation. Independent contractors cannot file EEOC charges. Complaints alleging violations of employment conditions negotiated in a collective bargaining agreement may require filing through the union grievance process first.

Step 1: Document the violation. Keep records of all paychecks, pay stubs, time records, and email communications regarding wages. For safety violations, take photos or videos of the hazard, record dates and times of exposure, note witness names, and document any injuries or illnesses that resulted. For discrimination, save emails, text messages, performance reviews, and written statements from witnesses. Create a timeline with specific dates and what happened. This documentation will be critical if your complaint advances to investigation or litigation.

Step 2: File an internal complaint with your employer. Most employers have an HR department or management procedure for raising concerns. Submit your complaint in writing (email or letter) to HR and keep a copy. State the specific violation, when it occurred, and what remedy you seek. This creates a paper trail and sometimes triggers internal investigation or correction. For OSHA safety complaints, you can request an inspection without your name being disclosed to your employer, though confidentiality cannot be guaranteed in all states. Documenting that you complained internally strengthens a later retaliation claim if the employer retaliates against you.

Step 3: File a formal complaint with the appropriate agency. For wage violations: file with the Texas Workforce Commission Wage and Hour Division at 1-800-252-3763 or online at twc.texas.gov. You must provide your name, address, phone number, employer name and address, description of the wage violation, dates affected, and the amount owed. For safety violations: file with Texas OSHA at 1-800-959-9674 or twc.texas.gov/tosha. You can file a safety complaint anonymously by phone or through a representative, but you must provide enough detail for OSHA to identify the hazard. Provide: the employer name and site address, the specific hazard (e.g., "no guardrails on elevated platform"), and the date the hazard was observed. For discrimination: file with the EEOC at www.eeoc.gov or call 1-800-669-4000 to locate your local EEOC office. You must file within 180 days from the date of the discriminatory act. Provide: your name, address, employer name, the protected characteristic at issue (race, gender, etc.), description of the discrimination, and the date(s) it occurred.

Step 4: Participate in the investigation. After you file, the agency will open a case file and may contact your employer for a response. The TWC wage division will usually attempt to obtain information from the employer within 10–20 days. OSHA will schedule an inspection (usually unannounced) within 2–5 days for serious safety complaints, or may conduct a phone investigation for lesser violations. The EEOC will send the employer a charge of discrimination and request a response; the employer typically has 10 days to respond. You may be contacted by the investigator for additional information. Answer their questions honestly and provide any new documentation. The investigation timeline varies: TWC wage claims often resolve within 60 days; OSHA investigations may take 30–60 days; EEOC investigations can take 6–18 months.

Step 5: Consult an attorney. Before filing, consider speaking with an employment attorney to understand your rights and the strength of your claim. An attorney can help you document the violation and evaluate whether internal complaint is advisable (some complaints may be better filed directly with an agency). After the agency issues a determination, if the ruling is unfavorable or incomplete, an attorney can advise whether to appeal or file a civil lawsuit. For wage claims, an attorney can pursue collection of unpaid wages and may recover attorney's fees under Texas Labor Code § 61.003. For safety violations, an attorney can file a personal injury lawsuit if you were injured due to a hazard and the employer's violation caused or contributed to the injury. For discrimination claims, once the EEOC issues a right-to-sue letter, an attorney should be engaged to file a federal lawsuit; the deadline to sue is typically 90 days after the right-to-sue letter.