Ty Photo
Austin Employment Lawyer Ty'Queese Keyes

Wage theft occurs when employees are not fully paid as required by law or contract. It includes unpaid overtime, withheld tips, misclassification to avoid benefits, and illegal paycheck deductions. These practices breach workers’ rights, violate the Fair Labor Standards Act, and can cause financial problems for those affected.

Wage theft is expressly prohibited under the Fair Labor Standards Act (FLSA), which is overseen by the U.S. Department of Labor and establishes wage and hour regulations for the majority of employees. The FLSA sets the federal minimum wage, overtime compensation, and recordkeeping obligations, applying to the vast majority of workers in both private and public employment. 

Employees who have been subjected to wage theft have several avenues for recourse to recover unpaid wages and pursue applicable penalties. Individuals may exercise their private right of action by initiating a civil lawsuit against their employer. Additionally, affected employees may file a complaint with the U.S. Department of Labor for violations of FLSA. The Department of Labor may subsequently conduct an investigation, facilitate mediation, and mandate that the employer pay any outstanding back wages.

Individuals can also sue their employer in court. If they win, employees may receive back pay, liquidated damages, attorney’s fees, court costs, and possible state penalties. Under the FLSA, willful violations allow employees to recover double the unpaid wages.

It is important to be aware of the applicable deadlines for taking action. Under the FLSA, employees generally have two years to file lawsuits—three years in cases involving willful violations—to safeguard their rights. If these deadlines lapse, the opportunity to recover unpaid wages may no longer be available to you.

Understanding these standards is crucial, especially during the holidays when wage disputes can become more prevalent. Employees should familiarize themselves with their rights under the FLSA, including how to identify wage theft and the steps to take if they suspect violations. For further guidance on wage and hour laws, employees can visit resources such as the U.S. Department of Labor’s FLSA overview and Workplace Fairness on wage theft. These sites provide practical information on documentation, complaint procedures, and how to recover unpaid wages, helping workers safeguard their earnings during the holiday season and beyond.

If you believe your employer owes you unpaid wages, Rob Wiley, P.C., is dedicated to representing employees whose rights under the FLSA have been violated. Please contact us to discuss your available options.

Kalandra Wheeler
Kalandra Wheeler is a Board Certified Austin employment lawyer.

Employees often assume that every workplace complaint triggers a formal investigation. In reality, that is not the case. While Texas law does not contain a statute that literally states that an employer must investigate all complaints, there are important legal and practical reasons for employers to take allegations seriously. Some complaints will require a full investigation because of federal and state anti-discrimination laws, while others involve workplace disagreements or policy concerns that do not rise to the level of unlawful conduct. Understanding the difference is essential for employers and employees alike.

Texas does not impose a stand-alone requirement that every workplace concern must be investigated. Employees may raise issues such as personality conflicts, minor disagreements, or general dissatisfaction with management decisions. These situations may be frustrating or disruptive, but they are not automatically violations of the law. Because of this, employers are not legally obligated to launch a formal investigation into every complaint an employee brings forward. Employers must determine which complaints involve legally protected issues and which do not.

Accordingly, employees also need to understand where the law provides protections and where it does not. If an employee believes they are being subjected to unlawful conduct or are witnessing unlawful conduct, they should do their best to articulate the law that they believe is being violated. Where harassment alone may not be a violation of the law, sexual harassment is. While disproportionate work assignments or favoritism on their own may not violate the law, doing so because of an employee’s race does.

Even though employers are not required to investigate every complaint, conducting investigations is still a sound business practice. Investigations demonstrate that the employer takes employee concerns seriously. They help identify problems that could grow into larger issues and they promote a healthier workplace culture. Effective investigations also improve employee trust and morale. When employees see that leadership responds thoughtfully to concerns, the workplace becomes more transparent and efficient. This can be invaluable if a dispute later escalates into a legal claim.

There are situations in which an employer’s discretion disappears because the law steps in. When an employee reports discrimination, harassment, or retaliation based on a protected characteristic under federal law or under Chapter 21 of the Texas Labor Code, the employer must take prompt and appropriate action. Courts and the Equal Employment Opportunity Commission consistently hold that an employer cannot meet its obligations unless it conducts a timely and meaningful investigation. If the employer knows or should know that an employee may be experiencing unlawful conduct, failure to investigate can expose the employer to legal liability, even if the underlying complaint is ultimately unproven. In this context, the investigation is not optional. It is part of the employer’s duty to ensure a workplace free from illegal discrimination and harassment.

Investigations of protected complaints must be prompt, thorough, and impartial. The law requires an employer to take the matter seriously and to make a good faith effort to uncover the facts. An employer that ignores a discrimination complaint, delays unreasonably, or conducts an incomplete review risks legal consequences. Courts often view a failure to investigate as evidence that the employer did not take the complaint seriously or attempted to avoid knowledge of misconduct. This can be just as damaging as the underlying violation.

Not every workplace conflict carries legal significance, yet good management requires attention to employee concerns before they escalate. Investigations can be a valuable internal tool even when they are not legally mandated. At the same time, there are clear situations where the law requires an investigation, and employers must understand which complaints trigger these obligations. 

Employers who establish consistent practices, train managers to recognize legally significant complaints, and respond promptly when protected issues arise are better equipped to maintain a lawful and respectful work environment. Even in Texas, where no statute explicitly requires investigations of all complaints, thoughtful investigative practices remain essential, and legally mandated investigations in discrimination, harassment, and retaliation cases are non-negotiable.

If you believe your employer has failed to investigate or remedy reported violations of the law, we have attorneys available for consultation. Contact me in Houston or one of my colleagues. Our team can evaluate your situation, explain your rights, and advise you on whether the law protects you based on the specific facts of your complaint.

Cameron Hanson
Austin Employment Trial Lawyer Cameron Hansen

In recent years, remote and hybrid work have become a normal part of many employees’ lives. For some, it has offered flexibility, improved health, and a better work-life balance. But along with this shift has come a dangerous myth — that workers lose legal protections once they are out of the physical office. As Texas employment lawyers who fight for workers’ rights, we want to be clear: whether you work from a cubicle, your couch, or a kitchen table, employment laws still protect you.

Discrimination doesn’t disappear just because it happens over Zoom.

Equal Opportunity Law Still Applies to Remote Workers.

Federal laws such as Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) protect employees from discrimination based on characteristics like race, gender, disability, religion, age, and national origin. These laws apply to remote workers just as they do to onsite employees.

And Texas state law — particularly the Texas Labor Code, Chapter 21 — likewise prohibits discrimination and retaliation against workers who perform their work in Texas, even if their employers are based elsewhere.

How Discrimination Shows Up in Remote Work

While remote work might shield employees from certain in-person hostility, discrimination has found its way into the virtual workplace in subtle — and not-so-subtle — forms. Some common examples include:

  • • Exclusion from meetings or opportunities that could lead to advancement
  • • Unequal workload distribution based on bias
  • • Negative assumptions about productivity because of disability or caregiving responsibilities
  • • Harassment through digital communication — emails, chats, and video calls
  • • Forced return-to-office policies imposed selectively on protected groups
  • • Retaliation for requesting remote work as a reasonable accommodation
  • • Pay inequities that deepen because remote employees are “out of sight, out of mind”

Remote work hasn’t eliminated discrimination — it has simply changed where the harm occurs.

Reasonable Accommodations Are Still Required

The ADA requires employers to provide reasonable accommodations to workers with disabilities, and that includes:

  • • Continued remote-work arrangements
  • • Modified work schedules
  • • Additional breaks
  • • Assistive software or equipment
  • • Adjusted expectations during flare-ups or treatment

Many employers approved remote work during the pandemic — proving it was feasible — but then refuse to allow it as a disability accommodation later. Courts across the country are taking a harder look at this inconsistency.

If remote work enables you to do your job successfully while managing a disability, you have the right to request an accommodation and engage in the interactive process — even from home.

Retaliation Is Still Illegal

Whether you are in-person or remote, your employer cannot retaliate against you for:

  • • Reporting unlawful discrimination
  • • Requesting accommodations
  • • Filing with the EEOC or Texas Workforce Commission
  • • Participating in a protected investigation
  • • Supporting a coworker who makes a protected complaint

Retaliation remains one of the most common violations we see in remote workplaces — because employers may mistakenly believe a termination over email will go unnoticed.

Remote Workers Deserve Documentation More Than Ever

When discrimination occurs over digital platforms, the evidence often speaks louder than anything said in person. Emails, chat logs, calendar events, and Slack or Teams messages can be powerful proof.

Here’s what to save:
✔️ Harassing or biased messages
✔️ Exclusion from meetings or assignments
✔️ Disparaging comments made about protected characteristics
✔️ Pay stubs showing unequal compensation
✔️ Notes of conversations where rights were denied

Remote workers have the advantage of a written record — use it.

You Are Still Protected — and We Are Here to Help

Being physically distant from your workplace should never mean being unprotected. If you are facing discrimination, harassment, or retaliation while working remotely, you have the same rights as any worker in Texas.

And in some cases — you may have even stronger evidence.

Our firm is dedicated to helping remote employees across Texas stand up against unlawful treatment and regain control of their careers. If something feels wrong, don’t ignore it. Reach out. We are here to listen to your story, explain your options, and aggressively protect your rights.

You deserve respect — whether you are in the office or online. Let us help you make sure you get it. Contact Austin Employment Lawyers at https://www.wileylawyers.com/ or call (512) 271-5527 to schedule a consultation to discuss your situation.

Areyana Gilbert
Houston Employment Trial Lawyer Areyana Gilbert

Investigations in the workplace are pretty common and can be a useful tool in negotiations. As an employee of the company, there are a number of considerations which should be at the forefront before the investigation begins. For example, an employee should be mindful of the Upjohn warning and know when to have an attorney present for his or her interview. This blog further explores the contours on information an employee should be aware of before participating in a workplace investigation. 

Workplace investigations have become a routine part of modern organizational life. Companies investigate everything from harassment complaints and safety violations to financial misconduct and conflicts of interest. While these inquiries are meant to uncover facts and protect both the business and its employees, they can also feel intimidating—especially when a corporate investigator sits down to interview you. One of the most important moments in that interview is the Upjohn warning, a legal disclosure many employees have heard of but may not fully understand.

What Is an Upjohn Warning?

An Upjohn warning—sometimes called a “corporate Miranda”—is a statement an investigator gives to clarify who the investigator represents. It stems from a 1981 Supreme Court case, Upjohn Co. v. United States, which affirmed that conversations between company lawyers and employees are protected by attorney-client privilege—but the privilege belongs to the company, not the employee. 

Because employees sometimes assume the company’s lawyer is their lawyer, investigators must clarify:

  • The investigator represents the company, not you.
  • The purpose of the interview is to gather information for the company’s legal needs.
  • The company controls the confidentiality of the conversation and may choose to disclose information to third parties.
  • You are expected to provide truthful information.

This warning ensures employees are not misled and helps maintain the integrity of the investigation.

What Does the Upjohn Warning Mean for Employees?

Hearing that the company’s attorney does not represent you can be unsettling. But understanding the implications helps you approach the conversation responsibly and with appropriate caution.

The warning means:

  • Your statements go to the company, and the company may choose to share them—even if it is not in your personal interest.
  • You still must be truthful. Lying or intentionally withholding information can lead to disciplinary action.
  • You have the right to seek your own legal counsel, and investigators should not discourage you from doing so.

Should an Employee Have an Attorney Present?

Whether you should have a personal attorney depends on the circumstances.

You may want to consult or bring an attorney if:

  • You believe you may be implicated in wrongdoing.
  • The investigation involves harassment, discrimination, retaliation, or other legally protected issues.
  • Law enforcement or regulatory agencies may be involved.
  • You feel uncomfortable or believe your job may be at risk.

An attorney can help you understand your rights, guide your responses, and ensure you are treated fairly.

However, many employees choose to participate without an attorney during routine fact-finding investigations, especially when they are witnesses rather than subjects. Some companies may not allow a personal attorney to attend the interview but will often allow you to speak to your lawyer before or after the meeting.

In sum, workplace investigations are serious, but they aren’t inherently adversarial. Understanding the Upjohn warning empowers employees to participate responsibly and protects both personal and organizational interests. For more information about this warning, click here. If you are ever unsure about your role in an investigation or how your statements may be used, consulting a Texas employment law attorney can provide clarity and peace of mind. Contact me in Houston or Austin today.

Madeline Garza
Houston Employment Trial Lawyer Madeline Garza

In November 2025, Tyson Foods filed a WARN Act notice with the Texas Workforce Commission announcing a mass layoff of 1,761 employees at its Amarillo beef-processing plant. The layoffs are scheduled to take effect on or about January 20, 2026, as the company eliminates its entire B-shift operations, the plant’s second production shift, typically covering afternoon and evening hours.

The 44-page WARN filing detailed job titles ranging from production laborers and machine operators to maintenance and quality assurance roles. Tyson cited industry-wide challenges, including tight cattle supplies and restructuring efforts, as reasons for the reduction. While the company expressed regret over the impact on workers and pledged to minimize disruption, the notice raised questions about compliance with the WARN Act’s 60-day notice requirement.

If the company failed to meet the statutory timeline, affected employees could be entitled up to 60 days of back pay and benefits. This case underscores the importance of monitoring employer compliance and seeking legal advice when large-scale layoffs occur

When a company announces mass layoffs or plant closures, employees often face sudden financial uncertainty and emotional stress. The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted to protect workers by requiring employers to provide advance notice before significant workforce reductions. If you believe your employer violated this law, understanding its scope and limitations is critical.

What Is the WARN Act?

The WARN Act is a federal law passed in 1988 to give employees and communities time to prepare for the economic impact of large-scale job losses. It requires certain employers to provide 60 days’ written notice before:

Plant Closures: Shutting down a facility or operating unit that results in job loss for 50 or more employees during a 30-day period.

Mass Layoffs: Reducing the workforce by 500 or more employees, or by 50–499employees if that number represents at least 33% of the workforce at a single site.

This notice allows employees to seek new employment, enroll in retraining programs, or adjust financially before losing income.

Consider a manufacturing plant with 200 employees that announces a closure effective in 30 days. Under the WARN Act, the employer should have provided 60 days’ notice. If they fail to do so, affected employees may recover up to 60 days of back pay and benefits. However, if the closure was due to a sudden natural disaster, the employer may invoke the unforeseeable business circumstances exception.

Who Is Covered Under the WARN Act?

Employers: Businesses with 100 or more full-time employees.

Employees: Full-time workers who have been employed for at least six months in the past 12 months.

Part-time employees and those with less than six months of service are generally excluded from the threshold calculations, though they still receive notice if affected.

Failure to provide proper notice can result in significant liability for employers. Employees may be entitled to back pay for each day of violation (up to 60 days) and benefits compensation, including health insurance premiums. These remedies can make a meaningful difference for workers blindsided by sudden layoffs.

Employers sometimes attempt to sidestep WARN Act obligations by splitting layoffs into smaller groups to avoid triggering thresholds, misclassifying employees as contractors, and/or claiming unforeseeable business circumstances without proper documentation. If you suspect these tactics, schedule a consultation with one of our employment attorneys promptly.

What Is NOT Considered a Violation of the WARN Act?

Not every job loss scenario falls under WARN. Here are key exceptions:

–       Small Reductions in Force: layoffs affecting fewer than 50 employees at a single site generally do not trigger WARN.

–       Short-Term Layoffs: if the layoff is expected to last less than six months, WARN notice is not required.

–       Unforeseeable Business Circumstances: sudden, unexpected events, such as a natural disaster or abrupt loss of a major contract, may exempt employers from the full 60-day notice requirement.

–       Faltering Company Exception: if a company is actively seeking capital or business to avoid closure and believes notice would jeopardize those efforts, it may qualify for an exception.

–       Sale of Business: when ownership changes but employees continue working without interruption, WARN does not apply.

Understanding these exceptions helps employees distinguish between legitimate business decisions and unlawful conduct.

State WARN Laws: Additional Protections

Many states have their own WARN statutes that provide greater protections than the federal law. For example: California WARN Act: Covers employers with 75 or more employees and requires notice for layoffs of 50 or more employees, regardless of percentage and New York WARN Act: Requires 90 days’ notice and applies to employers with 50 or more employees.

Employees should check their state’s specific requirements, as these laws often expand coverage and penalties.

Final Thoughts

If you believe your employer violated the WARN Act, document everything. Keep copies of termination notices, emails, and internal communications, determine whether thresholds for layoffs or closures were met. Lastly seek legal advice.

The WARN Act is a powerful tool for protecting workers during times of economic upheaval. While employers have legitimate defenses, many violations occur due to poor planning or deliberate avoidance. If you’re facing sudden job loss, knowing your rights is the first step toward securing the compensation you deserve. Schedule a consultation with one of our attorneys today. Contact me in Houston or any one of my colleagues in Austin or Dallas. We represent employees all over Texas.

Thomas Brockland
Austin Employment Trial Lawyer Thomas Brockland

The federal Occupational Health and Safety Administration does a lot more than investigate and respond to workplace safety issues. It also operates a Whistleblower Protection Program to administer special anti-retaliation provisions for various types of claims, many of which the general public does not know much about.

This blog is Part 2 of 2 to talk about these whistleblower protections, of which there are currently 25. Part 1 focused on protections that have deadlines shorter than 180 days—as short as 30 days! Part 2 will focus on the protections with deadlines of 180 days. If you want to read more, a summary chart of these whistleblower protections is available on OSHA’s website. However, for advice tailored to you and your situation, you should contact an employment lawyer.

Here are definitions that generally apply to all of the laws I discuss below:

  • Protected activity: actions you can take that are protected by the specific law, like making a complaint related to the subject of the law, usually to your employer or a government agency.
  • Retaliation: someone takes an adverse employment action against you (including termination, demotion, pay cuts, or reassignment) because you engaged in protected activity.

180 DAYS TO FILE

Affordable Care Act (ACA)

  • You are covered if you work for any employer, generally.
  • ACA protects you from retaliation when you engage in protected activity related to the Affordable Care Act’s heath insurance reforms (colloquially known as “Obamacare”), including reporting potential violations of market reforms. It also protects you from retaliation for receiving a tax credit or subsidy from buying health insurance through a marketplace.

Criminal Antitrust Anti-Retaliation Act (CAARA)

  • You are covered if you work for any employer, generally, excluding the federal government.
  • CAARA protects you from retaliation when you engage in protected activity related to criminal antitrust laws, including reporting violations of those laws or violations of other criminal laws done alongside antitrust violations.

Consumer Financial Protection Act (CFPA)

  • You are covered if you work for an employer that offers or provides a consumer financial product or service, as well as certain affiliates.
  • CPFA protects you from retaliation when you engage in protected activity related to consumer financial products or services, including reporting violations of the CFPA or other things governed by the Consumer Financial Protection Bureau (CFPB).

Consumer Product Safety Improvement Act (CPSIA)

  • You are covered if you work for a consumer product manufacturer, importer, private labelers, distributor, or retailer.
  • CPSIA protects you from retaliation when you engage in protected activity related to consumer product safety, including reporting violations of any federal consumer product safety law.

Energy Reorganization Act (ERA)

  • You are covered if you work for certain employers in the nuclear industry.
  • ERA protects you from retaliation when you engage in protected activity related to nuclear energy or nuclear material, including reporting violations of the ERA, the Atomic Energy Act, or related regulations.

Federal Railroad Safety Act (FRSA)

  • You are covered if you work for a railroad carrier or a contractor.
  • FRSA protects you from retaliation when you engage in protected activity related to railroad safety, including reporting a workplace injury or illness, a safety or security hazard, a violation of related laws, or misappropriation of public funds used for railroad safety. It also protects you from retaliation for refusing to work in the presence of a safety or security hazard.

FDA Food Safety Modernization Act (FSMA)

  • You are covered if you work for an employer that manufactures, processes, packs, transports, distributes, receives, holds, or imports food.
  • FSMA protects you from retaliation when you engage in protected activity related to food, drug, or cosmetic safety, including reporting violations of the Food, Drug, and Cosmetic Act.

Moving Ahead for Progress in the 21st Century Act (MAP-21)

  • You are covered if you work for a motor vehicle manufacturer, part supplier, or dealership.
  • MAP-21 protects you from retaliation when you engage in protected activity related to certain motor vehicle issues, including reporting defects or violations of federal laws about the manufacture or sale of motor vehicles (or equipment).

National Transit Systems Security Act (NTSSA)

  • You are covered if you work for a public transportation agency or a contractor.
  • NTSSA protects you from retaliation when you engage in protected activity related to public transportation safety and security, including reporting a safety or security hazard, or reporting misappropriation of public funds used for public transportation safety or security.

Pipeline Safety Improvement Act (PSIA)

  • You are covered if you work for an employer that owns or operates a pipeline facility, or a contractor.
  • PSIA protects you from retaliation when you engage in protected activity related to pipeline safety, including reporting violations of federal pipeline safety law.

Sarbanes-Oxley Act (SOX)

  • You are covered if you work for a public company or a contractor.
  • SOX protects you from retaliation when you engage in protected activity related to public company fraud, including reporting violations of federal criminal mail, wire, bank, or securities fraud; violations of SEC rules or regulations; or violations of any federal law related to shareholder fraud.

Seaman’s Protection Act (SPA)

  • You are covered if you work for any employer, generally. You also must be a seaman (work on a U.S.-flag vessel or a vessel owned by a U.S. citizen, excluding members of the Armed Forces).
  • SPA protects you from retaliation when you engage in protected activity related to maritime safety, including reporting violations of maritime safety laws or regulations, sexual harassment or sexual assault, or work-related injuries or illnesses. It also protects you from retaliation for accurately reporting hours of duty.

Surface Transportation Assistance Act (STAA)

  • You are covered if you work for a private-sector employer that owns or leases commercial motor vehicles (CMVs), or assigns employees to operate CMVs in commerce. You also must be a driver (including independent contractors) or a worker involved in CMV safety or security.
  • STAA protects you from retaliation when you engage in protected activity related to CMV safety or security, including reporting violations of CMV safety or security, refusing to operate a CMV under certain circumstances, or accurately reporting hours on duty.

Taxpayer First Act (TFA)

  • You are covered if you work for any employer, generally.
  • TFA protects you from retaliation when you engage in protected activity related to tax fraud, including reporting underpayment of tax or violations of internal revenue laws. It also protects you from retaliation for certain complaints regarding pay misclassification.

We can help you protect your rights as a whistleblower!

Deciding where, how, and when to take action in whistleblower retaliation issues is what employment lawyers are experts in. It is especially important to speak to an employment lawyer if you believe your employer retaliated against you for being a whistleblower because the protections are very specific and because many statutes of limitation are incredibly short—as short as 30 days!

Austin employees who believe they have suffered illegal discrimination, harassment, or retaliation at work for being a whistleblower should contact my office, Austin Employment Lawyers, P.C. The attorneys at Austin Employment Lawyers, P.C., represent employees in the Austin area and across Texas in all types of employment law claims, including retaliation, discrimination, pay disparities, harassment, and failure to provide a reasonable accommodation.

For more information or to schedule a consultation, please visit our website or call us at (512) 271-5527.

Ty Photo
Austin Employment Lawyer Ty'Queese Keyes

Retaliation has become the most frequently filed type of employment law claim with the Equal Employment Opportunity Commission (EEOC). In fact, more than half of all workplace discrimination complaints now include allegations that an employee was punished for speaking up for themselves or others. Recognizing the signs of retaliation and knowing how to safeguard yourself when reporting wrongdoing can be vital for both your employment and your rights.

Retaliation occurs when an employer takes an adverse action against an employee because that person engaged in a “protected activity.” Protected activities include reporting discrimination, harassment, wage violations, or unsafe conditions; participating in an investigation; or even simply opposing unlawful practices in good faith. Adverse actions can take many forms. Employers may use subtle tactics like shift changes, isolation, exclusion from meetings, and unwarranted performance reviews or more explicit tactics like terminations, pay cuts, and demotions. The key question is whether the action would deter a reasonable person from reporting wrongdoing.

When this occurs, employees must understand the steps to protect themselves in case their employer retaliates against. Employees do not need to prove discrimination to be protected by anti-discrimination laws. The law safeguards an employee as long as their complaint was made honestly and in good faith. This means that even if an investigation concludes there was no violation, the law still safeguards those who raise concerns responsibly. Secondly, thorough documentation of all complaints, meetings, and subsequent changes in treatment is essential. This means keep written or electronic records of your complaints, meetings with the employer, and any changes in how you are treated after making said complaint. Emails, text messages (including Teams or Slack messages), and notes of conversations can be critical. In some states, you are allowed to even record conversations. Employees should note that laws about recording conversations differ by state, especially regarding consent. Please double-check your state’s recording laws before doing so. Thirdly, when possible, utilize internal channels. An employee should report concerns through Human Resources or ethics hotlines. This will show you acted responsibly and allows the Employer to fix the issue.

Employees can protect themselves by reporting issues clearly, professionally, and with evidence. Though it can be scary once you see a pattern of retaliation occurring at your workplace, do not let fear silence you. The law is clear: you have the right to speak up about illegal practices or discrimination without punishment. Retaliation for exercising those rights is itself unlawful. It is important to seek further legal advice there are strict deadlines for filing retaliation claims. If you believe you’re being targeted after filing a complaint, talk to an employment attorney here or contact the EEOC promptly.

Thomas Brockland
Austin Employment Trial Lawyer Thomas Brockland

The federal Occupational Health and Safety Administration does a lot more than investigate and respond to workplace safety issues. It also operates a Whistleblower Protection Program to administer special anti-retaliation provisions for various types of claims, many of which the general public does not know much about.

This blog is Part 1 of 2 to talk about these whistleblower protections, of which there are currently 25. Part 1 will focus on protections that have deadlines shorter than 180 days—as short as 30 days! If you want to read more, a summary chart of these whistleblower protections is available on OSHA’s website. However, for advice tailored to you and your situation, you should contact an employment lawyer.

Each section below groups these whistleblower protections by time to file: 30 days, 60 days, and 90 days. I also list who the protections cover and what type of retaliation they protect you from.

Here are definitions that generally apply to all of the laws I discuss below:

  • Protected activity: actions you can take that are protected by the specific law, like making a complaint related to the subject of the law, usually to your employer or a government agency.
  • Retaliation: someone takes an adverse employment action against you (including termination, demotion, pay cuts, or reassignment) because you engaged in protected activity.

30 DAYS TO FILE

Section 11(c) of the Occupational Safety and Health Act (OSH)

  • You are covered if you work in the private sector, as well as USPS or tribal commercial enterprises.
  • Section 11(c) of OSH protects you from retaliation when you engage in protected activity related to workplace safety and health, including making complaints with management or government agencies like OSHA.

Clean Air Act (CAA)

  • You are covered if you work for any employer, generally.
  • CAA protects you from retaliation when you engage in protected activity related to air pollution, including reporting potential pollution or emissions violations.

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

  • You are covered if you work for any employer, generally. In addition, you are covered if you are acting on behalf of an employee.
  • CERCLA protects you from retaliation when you engage in protected activity related to environmental cleanup, including reporting accidents, spills, or violations related to clean-up of hazardous waste.

Federal Water Pollution Control Act, a.k.a. the Clean Water Act (FWPCA or CWA)

  • You are covered if you work for any employer, generally, except in the federal government. In addition, you are covered if you are acting on behalf of an employee.
  • FWPCA protects you from retaliation when you engage in protected activity related to water pollution.

Safe Drinking Water Act (SDWA)

  • You are covered if you work for any employer, generally.
  • SDWA protects you from retaliation when you engage in protected activity related to drinking water.

Solid Waste Disposal Act, a.k.a. Resource Conservation and Recovery Act (SWDA or RCRA)

  • You are covered if you work for any employer, generally. In addition, you are covered if you are acting on behalf of an employee.
  • SWDA protects you from retaliation when you engage in protected activity related to the treatment, storage, and disposal of solid and hazardous waste.

Toxic Substances Control Act (TSCA)

  • You are covered if you work for any employer, generally, except in the federal government.
  • TSCA protects you from retaliation when you engage in protected activity related to industrial chemicals.

60 DAYS TO FILE

International Safe Container Act (ISCA)

  • You are covered if you work in the private sector, for individuals, or for some local governments or interstate compact agencies.
  • ISCA protects you from retaliation when you engage in protected activity related to cargo container safety.

90 DAYS TO FILE

Asbestos Hazard Emergency Response Act (AHERA)

  • You are covered if you work for an educational agency that supervises elementary or secondary schools, generally. In addition, you are covered if you are acting on behalf of an employee.
  • AHERA protects you from retaliation when you engage in protected activity related to asbestos in elementary or secondary schools.

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

  • You are covered if you work for an air carrier, an aircraft manufacturer or designer, or one of their contractors or suppliers.
  • AIR21 protects you from retaliation when you engage in protected activity related to aviation safety or FAA compliance.

Anti-Money Laundering Act (AMLA)

  • You are covered if you work for an employer that is not subject to section 33 of the Federal Deposit Insurance Act, or section 213 or 214 of the Federal Credit Union Act.
  • AMLA protects you from retaliation when you engage in protected activity related to the Bank Secrecy Act, criminal money laundering, and certain other financial crimes.

We can help you protect your rights as a whistleblower!

Deciding where, how, and when to take action in whistleblower retaliation issues is what employment lawyers are experts in. It is especially important to speak to an employment lawyer if you believe your employer retaliated against you for being a whistleblower because the protections are very specific and because many statutes of limitation are incredibly short—as short as 30 days!

Austin employees who believe they have suffered illegal discrimination, harassment, or retaliation at work for being a whistleblower should contact my office, Austin Employment Lawyers, P.C. The attorneys at Austin Employment Lawyers, P.C., represent employees in the Austin area and across Texas in all types of employment law claims, including retaliation, discrimination, pay disparities, harassment, and failure to provide a reasonable accommodation.

For more information or to schedule a consultation, please visit our website or call us at (512) 271-5527.

Madeline Garza
Houston Employment Trial Lawyer Madeline Garza

The Uniform Services Employment Rights Act (USERRA) is a federal law designed to protect service members from employment discrimination and ensure their right to return to civilian jobs after military service. It applies to both public and private employers  and covers veterans and members of the active and Reserve components of the U.S. armed forces. There are different types of discrimination and retaliation that USERRA protects. 

Reemployment Claims 

These claims arise when an employer fails to reinstate a returning service member to their previous position or a comparable role. Employees must be reemployed promptly if they meet certain eligibility criteria. 

These conditions include:

–              The person must have been absent from a civilian job on account of service in the uniformed services;

–              The person must have given advance notice to the employer that he or she was leaving the job for service in the uniformed services, unless such notice was precluded by military necessity or otherwise impossible or unreasonable;

–              The cumulative period of military service with that employer must not have exceeded five years;

–              The person must not have been released from service under dishonorable or other punitive conditions; and

–              The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment, unless timely reporting back or application was impossible or unreasonable.

If employers meet these conditions, employers must restore seniority, benefits, and status as if the employee had never left. This is the “escalator” principle. USERRA states that returning servicemembers are to be reemployed in the job that they would have attained had they not been absent for military service with the same seniority, status and pay, as well as other rights and benefits determined by seniority. It also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. If the servicemember cannot qualify for the “escalator” position, he or she must be reemployed, if qualified, in any other position that is the nearest approximation to the escalator position and then to the pre-service position. Reemployment claims do not require proof of discriminatory intent. Instead, the focus is on whether the service member meets the statutory requirements for reemployment.

Discrimination Claims 

Discrimination occurs when an employer denies initial employment, promotion, retention, or a benefit because of military service or obligations. The law requires only that military status be a “motivating factor” in the adverse action, not the sole reason. This includes not only active duty but also obligations such as reserve drills or training. Discrimination can manifest in subtle ways—such as unfavorable scheduling, exclusion from advancement opportunities, or derogatory remarks about military commitments. Courts have consistently held that the statute must be “liberally construed” to protect those who serve, reinforcing that bias based on military status is unlawful

A hostile work environment can itself constitute discrimination or retaliation under USERRA. This occurs when service members are subjected to severe or pervasive conduct—such as ridicule, intimidation, or derogatory comments—because of their military status or because they exercised USERRA rights. While isolated incidents may not rise to the level of a violation, repeated harassment or a pattern of hostility can create an unlawful environment. Employers should recognize that tolerating such behavior exposes them to liability, even if no tangible employment action (like termination) occurs. 

Retaliation Claims 

Retaliation claims involve adverse actions taken against individuals for asserting USERRA rights, filing complaints, or assisting in investigations. Employers cannot punish employees for exercising these rights. 

Retaliation under USERRA extends beyond termination or demotion. Employers cannot take any adverse action against individuals who assert their rights, file complaints, testify, or participate in investigations. Recent amendments under the Elizabeth Dole Act have expanded this protection to include “any other retaliatory action,” even those outside traditional employment contexts, such as harassment or reputational harm. This shift eliminates the need for employees to prove a “material change” in employment conditions, making it easier to challenge retaliatory conduct.

What should I do if I believe my USERRA rights are being violated?

Best practices include keeping documents of notices and communication by the employer and potential harassers. Additionally, we recommend scheduling time to speak with an employment attorney to best assess your case and potential avenues. You can schedule a time to speak to our employment attorneys here.

Cameron Hanson
Austin Employment Trial Lawyer Cameron Hansen

Under both federal and Texas law, most employers are required to provide reasonable accommodations to qualified individuals with disabilities. Central to this obligation is the “interactive process”—a collaborative dialogue between employer and employee aimed at identifying and implementing effective accommodations. For Texas workers, understanding the contours of this process is critical to ensuring compliance and protecting rights.

Understanding the Law

The Americans with Disabilities Act (ADA) and the Texas Labor Code § 21.128 require employers with 15 or more employees to provide reasonable accommodations unless doing so would impose an undue hardship. The Fifth Circuit Court of Appeals, which governs Texas, has consistently emphasized the importance of the interactive process in determining whether an employer has met its legal obligations. 

What Triggers the Interactive Process?

The process begins when an employee communicates the need for an accommodation. Importantly, no “magic words” are required. A simple statement such as “I’m having trouble performing my job due to a medical condition” is sufficient to trigger the employer’s duty to engage. The request can be oral or written, and may even be made by a representative on the employee’s behalf. You cannot expect your employer to offer you accommodations if you never ask for them so be sure to communicate your needs to the appropriate representative of your employer, and better yet, document that request in writing. 

Employer Obligations

Once a request is made, the employer must promptly initiate the interactive process. This includes:

  • • Acknowledging the request within a reasonable timeframe
  • • Engaging in dialogue to understand the employee’s limitations and explore potential accommodations
  • • Requesting medical documentation, if necessary, to verify the disability and the need for and scope of any accommodation. However, such requests must be limited to what is necessary to make an informed decision. 
  • • Considering alternatives: Employers may not be required to provide the exact accommodation requested if an effective alternative exists. They may choose a less burdensome or less expensive option, provided it meets the employee’s needs. 

Employers must also avoid undue delays. Courts have held that failure to engage in the interactive process in good faith may constitute a violation of the ADA, even if no accommodation is ultimately possible.

Employee Responsibilities

Employees also have duties in the interactive process. They must:

  • • Clearly communicate their need for accommodation
  • • Participate in discussions about their limitations and potential solutions
  • • Provide documentation, if requested, to support their claim of disability and the necessity of accommodation.

Employees should be flexible and open to alternative accommodations proposed by the employer. Refusing to engage or failing to provide necessary information can undermine a claim.

Undue Hardship and Employer Defenses

An employer may deny a requested accommodation if it poses an “undue hardship.” This includes accommodations that are excessively costly, disruptive, or that fundamentally alter the nature of the business. However, courts scrutinize such claims closely. In Texas, employers who demonstrate good faith efforts to accommodate—such as consulting with the employee and exploring alternatives—may avoid liability even if no accommodation is ultimately provided. 

Conclusion

The interactive process is not a mere formality—it is a legal requirement and a practical tool for resolving accommodation issues. For Texas employees, initiating the process and participating in good faith can be the key to securing necessary workplace adjustments. 

At Rob Wiley, P.C., we advocate for employees whose rights under the ADA and Texas Labor Code have been violated. If you believe your employer has failed to engage in the interactive process or denied a reasonable accommodation, contact us to discuss your options.