Temporary Worker Rights in Texas: What You Are Entitled To

Federal law provides substantial protections for temporary workers, treating them equivalently to permanent employees in most contexts. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act (42 U.S.C. § 623) protects workers age 40 and older; and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) requires reasonable accommodations for qualified individuals with disabilities. The Fair Labor Standards Act (29 U.S.C. § 206) requires all covered employers and staffing agencies to pay at least the federal minimum wage ($7.25 per hour) and overtime pay at 1.5 times the regular rate for hours over 40 per week.

Employers with 15 or more employees (including temporary workers counted on the payroll) fall under Title VII and ADA protections. The EEOC enforces these laws and accepts charges from temporary workers. Temporary workers are generally excluded from Family and Medical Leave Act (FMLA) protections unless they have worked for the same employer for 12 months and 1,250 hours, which is rare for traditional temporary assignments. The Occupational Safety and Health Administration (OSHA) applies safety standards to all workers, including temps, and both the staffing agency and hiring employer may be jointly liable for violations.

Temporary workers may file an EEOC charge within 180 days of the discriminatory act in non-deferral states or 300 days in deferral states with state fair employment agencies. Remedies include back pay, compensatory damages, punitive damages, reinstatement, and attorney's fees. The Department of Labor Wage and Hour Division investigates wage violations and can recover unpaid wages plus an equal amount in liquidated damages.

Texas does not have a separate state employment discrimination statute; it relies entirely on federal Title VII, ADEA, and ADA protections. Texas Labor Code § 21.001 et seq. establishes minimum wage and wage payment requirements that apply to all workers, including temporary workers. Texas minimum wage equals the federal minimum wage of $7.25 per hour, so there is no state increase. Texas law requires all wages earned to be paid in full and on time, and prohibits wage deductions except those required by law or authorized by the employee in writing.

Unlike some states, Texas provides no state-specific discrimination protections beyond federal law; there is no state fair employment practices act or equivalent. Temporary workers in Texas receive protection under federal law only, with no state-level enhancement or separate state agency enforcement (the EEOC handles all discrimination complaints). Texas is an at-will employment state under common law; an employee may be terminated for any reason or no reason, unless termination violates a specific legal protection (such as retaliation for filing an OSHA complaint, refusing unsafe work, jury duty, or military service).

Temporary workers are generally ineligible for Texas unemployment insurance unless the staffing agency or employer has a written agreement guaranteeing a minimum number of hours or ongoing work; isolated temporary assignments typically disqualify workers from UI eligibility. Texas has no state-mandated paid sick leave, paid time off, or family leave laws; these are entirely optional employer benefits. Staffing agencies and hiring employers are joint employers under federal law for wage and hour purposes, meaning both may be liable for FLSA violations. Texas does not provide a state-level wage and hour enforcement agency separate from the federal Department of Labor.

At-will employment is the baseline rule in Texas; temporary workers have no inherent right to continued employment and can be terminated at any time without cause, notice, or severance. This means a staffing agency or employer can end a temp assignment immediately without legal consequence, except where a specific statutory protection applies. Temporary workers are excluded from FMLA leave protections unless they meet the stringent 12-month, 1,250-hour threshold, which is rare. Temporary workers are generally ineligible for unemployment insurance unless the staffing agency guarantees ongoing or recurring work; single or isolated temporary assignments typically do not qualify.

Temporary workers are not entitled to employer-provided health insurance, retirement plans, paid sick leave, paid vacation, or other benefits unless the staffing agency or hiring employer voluntarily provides them or a written contract explicitly guarantees them. The at-will doctrine also permits termination for poor performance, personality conflicts, business necessity, or economic downturn without legal risk to the employer. An exception exists when termination is motivated by a protected characteristic (race, color, religion, sex, national origin, age 40+, disability status) or a protected activity (filing an OSHA complaint, serving on jury duty, military service, voting, or in some cases, filing a workers' compensation claim).

Temporary workers have limited recourse if terminated in retaliation for reporting safety violations, but they must prove the termination was causally connected to the protected activity and not motivated by legitimate business reasons. Staffing agencies are not required to provide workers' compensation insurance in all contexts, though they must comply if required by the hiring employer or the nature of the work. Independent contractors hired through staffing agencies receive fewer protections than employees, as they are not covered by minimum wage, overtime, discrimination, or safety laws in the same manner.

Step 1 — Document Everything: Keep a detailed record of all work dates, hours worked, hourly rate paid, and dates and amounts of all paychecks received. Save pay stubs, email communications, text messages, and any written work assignments. If you experience discrimination or harassment, document the date, time, location, persons involved, what was said or done, and any witnesses. Take photographs of unsafe working conditions or safety violations. If a staffing agency or employer makes promises about benefits, hours, or job security, request written confirmation via email or text.

Step 2 — Internal Complaint Process: Before filing a government complaint, consider reporting the violation to the staffing agency and/or the hiring employer in writing. Send an email or letter describing the problem (wage theft, discrimination, unsafe conditions) and request a written response within 10 business days. Keep a copy for your records. This step is not required but can sometimes result in faster resolution and demonstrates good faith. If the employer corrects the violation, document the correction and all remedies provided. If there is no response or the problem persists, proceed to Step 3.

Step 3 — File with the Appropriate Government Agency: For wage and hour violations (unpaid wages, minimum wage violations, overtime theft), file with the U.S. Department of Labor Wage and Hour Division. Visit https://www.dol.gov/agencies/whd/contact or call 1-866-4-USDOL (1-866-487-3635). Provide your name, contact information, employer/staffing agency name, dates of employment, hours worked, and hourly rate. Include copies of pay stubs and time records if available. The Department of Labor will investigate at no cost to you and can recover unpaid wages plus liquidated damages. There is generally no strict filing deadline for wage claims, though prompt reporting is advisable.

For discrimination (based on race, color, religion, sex, national origin, age 40+, or disability), file an EEOC charge with the U.S. Equal Employment Opportunity Commission. Visit https://www.eeoc.gov/filing-charge-discrimination or call 1-844-234-5122. You must file within 180 days of the discriminatory act in Texas (a non-deferral state). Provide a detailed description of what happened, when it happened, the person(s) responsible, how you were affected, and whether you reported it internally. You do not need an attorney to file an EEOC charge, and it is free. Name both the staffing agency and the hiring employer if both were involved.

Step 4 — Investigation Process: After filing with the Department of Labor Wage and Hour Division, an investigator will contact you and the employer to gather information. This process typically takes 30 to 90 days, though it can take longer for complex cases. The investigator may request additional documents, conduct interviews, and review payroll records. You are not required to attend a hearing for the wage claim; the Department of Labor handles the case. If the investigator finds a violation, the DOL will demand payment and may refer the case for criminal prosecution if willful wage theft is found.

After filing an EEOC charge, the agency will send you an intake questionnaire. An EEOC investigator will contact you and the employer to request documents and statements. The investigation typically takes 60 to 180 days. The EEOC will issue a determination: either it found reasonable cause to believe discrimination occurred, or it found no reasonable cause. If the EEOC finds reasonable cause, it will attempt to conciliate (negotiate) a settlement. If conciliation fails, you may request a Right-to-Sue letter from the EEOC, which allows you to file a private lawsuit in federal court without EEOC involvement.

Step 5 — When to Consult an Attorney: Consult an employment attorney if you are terminated immediately after filing a government complaint (potential retaliation), if the government investigation is not progressing, if the employer retaliates against you, or if your damages exceed $5,000. For discrimination cases, consult an attorney if the EEOC issues a Right-to-Sue letter and you want to pursue a federal lawsuit; attorneys handle these on contingency (you pay nothing upfront, they collect a percentage of any award). For wage claims, consult an attorney if the Department of Labor's investigation stalls or if the employer refuses to pay what is owed. Employment attorneys in Texas typically charge $200 to $400 per hour for consultations or contingency fees of 25% to 33% of recovered damages. Many attorneys offer free initial consultations.