Texas Minimum Wage and Overtime Exemptions




Executive exemption

Texas law exempts executive employees from its minimum wage and overtime requirements; however, Texas does not define the criteria for an employee to be deemed an executive employee. TX Labor Code 62.153 The standards set forth by the federal Fair Labor Standards Act regarding executive employees may provide reasonable guidance.



Administrative exemption

Texas law exempts administrative employees from its minimum wage and overtime requirements; however, Texas does not define the criteria for an employee to be deemed an administrative employee. TX Labor Code 62.153 The standards set forth by the federal Fair Labor Standards Act regarding administrative employees may provide reasonable guidance.




Professional exemption

Texas law exempts professional employees from its minimum wage and overtime requirements; however, Texas does not define the criteria for an employee to be deemed a professional employee. TX Labor Code 62.153 The standards set forth by the federal Fair Labor Standards Act regarding professional employees may provide reasonable guidance.



Outside salesman exemption

Texas law exempts outside salesmen from its minimum wage and overtime requirements; however, Texas does not define the criteria for an employee to be deemed an outside salesman. TX Labor Code 62.153 The standards set forth by the federal Fair Labor Standards Act regarding outside salesmen may provide reasonable guidance.



Computer employee exemption

Texas minimum wage law does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage and overtime requirements.



Other minimum wage and overtime exemptions

Texas exempt the following employers from its minimum wage and overtime requirements:

  • employers that employ individuals who provide domestic services, including care of a child in or out of the employer”™s home (TX Labor Code 62.155(1)))
  • employers that employee domestic employees living in or about a private residence while providing domestic care for a resident of that home (TX Labor Code 62.155(2))
  • amusement and recreational businesses (TX Labor Code 62.158) that:
    • do not operate for more than seven (7) months in a calendar year, or
    • have average receipts for any six (6) months of the preceding calendar year that do not exceed 33 1/3 percent of its average receipts for the other six months of the year.
  • employers to the extent they employ inmates (TX Labor Code 62.156)
  • employers to the extent they employ family members, which include brothers, sisters, brothers-in-law, sisters-in-law, children, spouses, parents, sons-in-law, daughters-in-law, wards, or persons in loco parentis to the employee (TX Labor Code 62.158)
  • agricultural employers to the extent the employees are engaged in dairy farming (TX Labor Code 62.160(a))
  • agricultural employers to the extent the employees are engaged in production of livestock (TX Labor Code 62.160(b)), which includes: