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What is the minimum wage in Texas?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Texas minimum wage is governed by Texas Labor Code Chapter 62 and the federal Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219.

1. State Rate = Federal Floor

Tex. Lab. Code § 62.051 sets the Texas minimum wage equal to the federal minimum wage under the FLSA. As of 2025, that is $7.25/hour — unchanged since July 24, 2009.

2. State Preemption of Local Minimums

Tex. Lab. Code § 62.0515 expressly prohibits municipalities and counties from enacting minimum wages higher than the state rate. Cities like Austin, Dallas, and Houston cannot pass their own minimum wage ordinances applicable to private employers. (Public employers/contractors may set higher pay.)

3. Tipped Employees

Texas follows federal FLSA rules. A tipped employee (one who customarily receives more than $30/month in tips) may be paid a cash wage of $2.13/hour, provided that cash + tips equals at least $7.25/hour. If not, the employer must make up the difference (29 U.S.C. § 203(m)).

4. Overtime

Texas follows the federal FLSA: 1.5x the regular rate after 40 hours in a workweek (29 U.S.C. § 207). There is no daily overtime requirement. Salaried exempt employees (executive, administrative, professional, computer, outside sales) must be paid at least $684/week ($35,568/year) under current federal regulations.

5. Exemptions Under FLSA

  • Executive/administrative/professional employees meeting the salary basis and duties tests.
  • Outside salespersons.
  • Certain agricultural workers (small farm exemption).
  • Workers under 20 may be paid a youth minimum wage of $4.25/hour for the first 90 consecutive calendar days of employment (29 U.S.C. § 206(g)).
  • Full-time students, learners, apprentices, and disabled workers under § 14(c) certificates.

    • 6. Agricultural and Domestic Workers

    Most ag workers on small farms are exempt from federal minimum wage. Live-in domestic workers are exempt from overtime but covered for minimum wage.

    7. Enforcement

    Texas Workforce Commission (TWC) handles wage claims under Tex. Lab. Code §§ 61.001-61.095 (Texas Payday Law). Federal FLSA claims may also be filed with the U.S. Department of Labor Wage and Hour Division.

    8. Pending Reform

    There have been numerous unsuccessful legislative attempts to raise the Texas minimum wage. As of 2025, no increase has been enacted.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You are misclassified as an independent contractor or exempt salaried employee
    • Your employer fails to make up tip-credit shortfalls
    • Your wages are unpaid past the Texas Payday Law deadline
    Related Statutes & Laws
    • Tex. Lab. Code § 62.051
    • Tex. Lab. Code § 62.0515
    • 29 U.S.C. § 206
    • 29 U.S.C. § 207
    • 29 U.S.C. § 203(m)
    • Tex. Lab. Code § 61.001

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.