Employment and Labor Laws

Texas

Texas Minimum Wage Laws


Minimum wage

Texas’s current minimum wage is $7.25.

Texas has adopted, by statute, the federal minimum wage rate set forth in the Fair Labor Standards Act. TX Labor Code 62.051

Texas’s minimum wage law does not apply to employees covered by the Fair Labor Standards Act; thus, for most employers and employees, minimum wage obligations are governed by the Fair Labor Standards Act. TX Labor Code 62.151


Tip minimum wage

Texas’s current minimum wage for tipped employees is $2.13. Texas has adopted, by statute, the federal minimum tipped wage rate set forth in the Fair Labor Standards Act. TX Labor Code 62.052

The law defines a”tipped employee” as one that consistently receives tips of $20 or more a month while employed in an occupation. TX Labor Code 62.052. Other requirements and limitations related to paying employees tipped wages are likely governed by the Fair Labor Standards Act.

It is important to note that Texas’s minimum wage law does not apply to employees covered by the Fair Labor Standards Act, thus, for most employers and employees, including tipped employees, tipped minimum wage obligations are governed by the Fair Labor Standards Act. TX Labor Code 62.151


Tip pooling and sharing

Texas minimum wage laws do not address whether an employer may require employees to participate in a tip pooling or tip sharing arrangement.


Subminimum wage

Employees with disabilities

For most Texas employers, the standards regarding subminimum wage rates for employees with disabilities are governed by the Fair Labor Standards Act. TX Labor Code 62.151.

Texas law exempts from its coverage nonprofit charitable organizations that engage in evaluating, training, and employment services for disabled individuals, so long as the organization is compliant with federal regulations covering those activities. TX Labor Code 62.161.

Texas labor laws also excludes employees with disabilities from it minimum wage requirements if the employees is:

  • not more than 21 years old;
  • a client of vocational rehabilitation; and
  • participating in a cooperative school-work program.

TX Labor Code 62.155


Trainees

For most Texas employers, the standards regarding subminimum wage rates for trainee employees are governed by the Fair Labor Standards Act. TX Labor Code 62.151.

For employers with employees who are not covered by the Fair Labor Standards Act, Texas law does not provide any exceptions from its minimum wage requirements for trainees.


Apprentices

For most Texas employers, the standards regarding subminimum wage rates for apprentices are governed by the Fair Labor Standards Act. TX Labor Code 62.151.

For employers with employees who are not covered by the Fair Labor Standards Act, Texas law does not provide any exceptions from its minimum wage requirements for apprentices.


Learners

For most Texas employers, the standards regarding subminimum wage rates for apprentices are governed by the Fair Labor Standards Act. TX Labor Code 62.151.

For employers with employees who are not covered by the Fair Labor Standards Act, Texas law does not provide any exceptions from its minimum wage requirements for apprentices.


Student learners

For most Texas employers, the standards regarding subminimum wage rates for learners are governed by the Fair Labor Standards Act. TX Labor Code 62.151.

For employers with employees who are not covered by the Fair Labor Standards Act, Texas law does not provide any exceptions from its minimum wage requirements for learners.


Student workers

For most Texas employers, the standards regarding subminimum wage rates for student workers are governed by the Fair Labor Standards Act. TX Labor Code 62.151.

For employers with employees who are not covered by the Fair Labor Standards Act, Texas labor laws exempt from it minimum wage requirements employee who are less than 20 years old and is a student regularly enrolled in a high school, college, university, or vocational training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate. TX Labor Code 62.155

Also, Texas labor laws exempt from its minimum wage employees who are less than 18 years old and is not a high school graduate or a graduate of a vocational training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate. TX Labor Code 62.155


Other State’s Minimum Wage Information

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
District of ColumbiaMaineNew HampshireRhode IslandWisconsin
FloridaMarylandNew JerseySouth CarolinaWyoming
Georgia

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