Salary Transparency Laws in Texas: What Employers Must Disclose

Federal law does not mandate private employers to disclose salary ranges to job applicants or employees, but it does protect employee rights and contractor obligations related to compensation. Under the National Labor Relations Act (NLRA), 29 U.S.C. § 157, all employees—union and non-union—have the protected right to discuss wages, hours, and working conditions with coworkers without fear of employer retaliation.

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 et seq., establishes a federal minimum wage ($7.25 per hour) and requires employers to pay overtime at time-and-a-half for hours over 40 per week. Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Equal Pay Act of 1963, 29 U.S.C. § 206(d), pay discrimination based on protected characteristics (race, color, religion, sex, national origin) is unlawful. Employers cannot retaliate against employees for opposing alleged discriminatory compensation practices (42 U.S.C. § 2000e-3).

For federal contractors, the Office of Federal Contract Compliance Programs (OFCCP) requires EEO-1 pay data submission (29 CFR § 1602.14) breaking down compensation by race, gender, ethnicity, and job category. The Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination and retaliation rules. The Department of Labor (DOL) Wage and Hour Division enforces FLSA minimum wage and overtime standards. Remedies include back pay, liquidated damages, injunctive relief, and attorney fees for prevailing parties.

Texas has not enacted a state-level salary transparency law comparable to those in California, Colorado, New York, or other states. The Texas Legislature has not passed any bill requiring employers to disclose salary ranges in job postings, to job applicants upon request, or to current employees. Texas is a non-union, right-to-work state (Texas Labor Code § 101.001), which limits unionization organizing, but union-protected wage discussion rights still apply to unionized workplaces in Texas.

Texas statutory law is silent on salary transparency obligations for private employers. This means Texas employers—regardless of size—have no state-level legal duty to disclose compensation information in job postings, during the hiring process, or to employees. This contrasts sharply with California (which requires salary ranges in job postings effective 2023), Colorado (range disclosure required since 2022), and New York (public and private employers with 4+ employees must disclose ranges).

However, Texas employers are subject to federal law protections. Employees in Texas cannot be retaliated against for discussing wages under the NLRA, even though most private Texas employers are non-union. This is a critical protection: an employer cannot discipline, demote, or terminate an employee for asking colleagues "what do you make?" or sharing salary information. Discrimination in pay on the basis of protected characteristics (sex, race, national origin, age, disability) remains illegal under federal law despite Texas's lack of state salary transparency requirements.

Federal contractors and subcontractors doing business in Texas must comply with EEO-1 reporting and OFCCP audit requirements, which include submission of detailed, disaggregated pay data. These contractors also must post the EEOC's notice explaining pay discrimination prohibitions. Small employers (under 15 employees) are exempt from Title VII but remain subject to FLSA minimum wage and overtime rules and NLRA wage discussion protections.

Texas employers are not required to disclose salary ranges under state law, but important exceptions and carve-outs apply. First, employees have an absolute federal right under the NLRA to discuss compensation; employers cannot classify pay as confidential, require non-disclosure agreements about wages, or retaliate for wage discussion. Any policy stating "do not discuss pay" is unenforceable.

Second, executive, administrative, and professional employees (exempt employees) and outside salespersons may be subject to different federal overtime rules under the FLSA, though transparency obligations do not differ. Third, federal contractors in Texas cannot discriminate in pay but must publicly post EEO notices and maintain detailed pay records subject to OFCCP audit.

Fourth, Texas at-will employment doctrine (the default in Texas unless a specific contract or law applies) means employers can set pay without negotiation, but not in a discriminatory manner. An employer can refuse to disclose a competitor's wage or a peer's wage, but cannot punish an employee for voluntarily sharing their own wage information. Fifth, confidentiality or non-disclosure agreements (NDAs) covering wages are not enforceable in Texas when they conflict with NLRA rights.

Sixth, bona fide occupational qualifications (BFOQs) and merit-based pay systems are permitted, but disparate pay for the same work cannot be justified by discretionary factors if they have a disparate impact based on protected characteristics. Seventh, small employers with fewer than 15 employees are exempt from Title VII discrimination claims but must still comply with NLRA wage discussion protections and FLSA minimum wage. Eighth, independent contractors in Texas are not entitled to FLSA protections or NLRA wage discussion rights.

Follow these concrete steps if you believe your Texas employer has unlawfully retaliated against you for discussing wages, discriminated in pay, or violated FLSA minimum wage or overtime requirements.

Step 1: Document Everything. Write down the date, time, location, and names of witnesses to any wage discussion you had and any adverse action taken (termination, demotion, reduced hours, negative performance review). Document your wage, the wages of coworkers (if known), your job duties, hours worked, and whether overtime was paid. Save email chains, text messages, pay stubs, timesheets, and any written policies on wage confidentiality. Take screenshots if policies are on an employee handbook or intranet. Keep a timeline showing when you discussed wages and when retaliation occurred—proximity in time is powerful evidence.

Step 2: Attempt Internal Complaint (Optional but Recommended). Review your employee handbook for a complaint procedure. Submit a written complaint to HR or your supervisor detailing the wage discussion and retaliation, requesting that the retaliation cease. Send the complaint by email and request a read receipt. Keep a copy. This step is not legally required but creates a paper trail and may prompt corrective action. If your company has an ethics hotline or ombudsperson, use that channel in addition to or instead of HR.

Step 3: File with the Appropriate Federal Agency. For wage discussion retaliation, file with the National Labor Relations Board (NLRB) Regional Office for Texas. There are NLRB offices in Houston, Dallas, and San Antonio. Visit www.nlrb.gov, click "File a Charge," and select the regional office nearest you. The charge must be filed within 180 days of the adverse action (retaliation). Complete the charge form (form NLRB-501), including your name, address, phone, the employer's details, the date of retaliation, and a detailed description of the protected activity (wage discussion) and the adverse action taken. File online, by mail, or in person. No filing fee applies.

For pay discrimination based on sex, race, national origin, age, or disability, file with the Equal Employment Opportunity Commission (EEOC). Visit the EEOC office in Dallas, Houston, or San Antonio, or file online at www.eeoc.gov/filing-charge. There is no filing fee. You have 180 days from the discriminatory act to file. Provide your personal information, employer details, detailed description of how you were paid less than similarly situated employees in a protected class, dates of discriminatory paychecks, and witnesses. The EEOC will issue a "Right to Sue" letter within 180–365 days, which permits you to file a civil lawsuit.

For FLSA wage and hour violations (unpaid minimum wage or overtime), file a complaint with the U.S. Department of Labor Wage and Hour Division. Visit www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-3652). You can file by phone, online, or in person at a local WHD office. Provide your name, contact information, employer name and address, dates of employment, your job duties, hours worked, and wages paid. Include pay stubs and timesheets if available. There is no filing fee and no filing deadline (the statute of limitations is two or three years depending on the violation).

Step 4: Expect the Investigation Process. For NLRB charges, the regional office will investigate within 15–30 days by interviewing you, your employer, and witnesses. The NLRB will review company policy, personnel files, and communications. If there is reasonable cause to believe the employer violated the NLRA, the NLRB will issue a complaint and attempt conciliation. If conciliation fails, the charge proceeds to a hearing before an Administrative Law Judge (ALJ). This process typically takes 3–12 months. For EEOC charges, the agency investigates by requesting information from the employer and may conduct interviews. Investigation takes 60–180 days. The EEOC will then issue a determination ("cause" or "no cause") and a Right to Sue letter.

For DOL Wage and Hour investigations, an investigator will contact you and the employer, request payroll records, and calculate unpaid wages owed. This typically takes 30–60 days. If violations are found, the DOL will attempt to recover back wages, liquidated damages (equal to back wages), and penalties for willful violations. If the employer refuses, you can file a civil lawsuit.

Step 5: Consider Legal Representation. After filing with the NLRB, EEOC, or DOL, consult an employment attorney if the employer contests the charge or if you are likely to proceed to hearing or litigation. An attorney can represent you before the NLRB, advise you during the EEOC investigation, and file a lawsuit after receiving a Right to Sue letter. For FLSA claims, an attorney can help negotiate a settlement or file a collective action (class action) if multiple employees are affected. Plaintiffs can recover attorney fees as part of FLSA remedies if they prevail. Many employment attorneys work on contingency (no upfront fee; they take a percentage of the recovery).