Texas
Texas Minimum Wage 2026: $7.25 an Hour Under State and Federal Law
Independently fact-checked against primary sources (last audited September 29, 2026). · 5 primary sources cited on this page. How we verify our legal content
Texas's minimum wage is $7.25 per hour. Tex. Lab. Code 62.051 adopts the federal minimum wage by reference, and the state act does not apply to persons covered by the FLSA, so the federal law governs most Texas workers. Texas cities cannot set a higher rate for private employers.
Information last verified on September 28, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Texas Minimum Wage Act (Texas Labor Code Chapter 62) and the federal FLSA that governs most Texas workers. It does not cover overtime detail or any other state. Chapter 62 and section 1.005 were read on the Texas Legislature's statutes site.
What is the Texas minimum wage?
Texas law does not set its own dollar figure. Tex. Lab. Code 62.051 provides that, except for certain Department of State Health Services patients and clients (62.057), an employer shall pay each employee the federal minimum wage under section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206). That has been $7.25 per hour since July 24, 2009, and DOL's July 1, 2026 state table lists Texas at $7.25.
Because the state act incorporates the federal rate by reference, the Texas rate changes only if Congress changes 29 U.S.C. 206. No enacted federal change was found for 2027, and Texas has no scheduled step. See the federal minimum wage page.
Who the Texas act covers, and who the FLSA covers
Tex. Lab. Code 62.151 states that the chapter and a municipal ordinance or charter provision governing wages in private employment do not apply to a person covered by the FLSA. In effect, the state act reaches only employment outside the FLSA, and DOL's state table says the same about Texas.
The FLSA covers employees of enterprises with at least $500,000 in annual sales or business done, and employees of smaller firms engaged in interstate commerce (DOL FAQ; 29 U.S.C. 203(s)(1)(A)). The higher standard controls (29 U.S.C. 218(a)), but since the Texas rate equals the federal one, the floor is $7.25 either way.
Tipped employees in Texas
Tex. Lab. Code 62.052 says the wage of a tipped employee is the amount described in FLSA section 3(m), and defines a tipped employee as one who customarily and regularly receives more than $20 a month in tips. That is lower than the federal definition, which uses more than $30 a month (29 U.S.C. 203(t)); DOL's tipped table lists Texas at more than $20.
DOL's table lists the Texas cash wage at $2.13 and the maximum tip credit at $5.12. Employers may not keep employees' tips (29 U.S.C. 203(m)(2)(B)). If tips plus $2.13 do not reach $7.25, the employer pays the difference.
Exemptions and youth rules
Section 62.155 exempts employment of a person under 18 who is not a high school or vocational graduate and a person under 20 who is a regularly enrolled student (in both cases except agricultural piece-rate workers), and certain disabled participants in cooperative school-work programs who are 21 or younger. Other exemptions cover dairy farming and livestock-production employees (62.160), domestic employment (62.154) and certain nonprofit relationships (62.152). Employers not liable for Texas unemployment-tax contributions are also exempt, except for agricultural employment (62.159), as are executive, administrative, professional and outside-sales employees (62.153), close family members (62.157) and certain seasonal amusement establishments (62.158).
Those state exemptions matter only for employment the FLSA does not reach. For FLSA-covered employers, the federal rule allows $4.25 per hour for a newly hired worker under 20 during the first 90 consecutive calendar days, if the work does not displace other workers (29 U.S.C. 206(g)).
Can Austin, Dallas or San Antonio set a higher minimum wage?
No. Tex. Lab. Code 62.0515(a) provides that the state minimum wage supersedes a wage established in an ordinance, order or charter provision governing wages in private employment, other than wages under a public contract. Section 62.0515(c) says this does not apply to a minimum wage in a governmental entity's own contract or agreement. Tex. Lab. Code 1.005(a) adds a broader preemption of local regulation of terms of employment. No Texas city can set a general private-employer minimum wage above $7.25; a higher wage can apply only through a city's or other governmental entity's own contracts or agreements (62.0515(c)).
How to file a minimum wage claim in Texas
Under Tex. Lab. Code 62.201 an employer that pays less than the minimum wage is liable for the unpaid wages plus an equal amount as liquidated damages. Section 62.203 lets an employee sue for themselves and similarly affected employees, with written consent filed in court, section 62.205 provides for attorney fees and costs, and section 62.202 requires an action within two years of the date the unpaid wages were due and payable. The Texas Workforce Commission's complaint procedure and a state retaliation provision were not verified for this page.
For FLSA-covered workers, DOL's Wage and Hour Division takes complaints at 1-866-487-9243. Under the FLSA an employer that violates the minimum wage owes unpaid wages plus an equal amount as liquidated damages (29 U.S.C. 216(b)); a suit generally must start within two years, or three for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation for filing. See Texas final paycheck laws, Texas at-will employment laws and unpaid wages.
Disclaimer: This page is general legal information, not legal advice. It covers the Texas Minimum Wage Act and the federal Fair Labor Standards Act (FLSA) as verified on September 28, 2026. For a specific pay situation, consult a lawyer licensed in Texas or the state labor agency.
Related pages
- Federal minimum wage rules
- Texas final paycheck laws
- Texas at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
Last updated: September 28, 2026.
Frequently Asked Questions
What is the minimum wage in Texas?
$7.25 per hour. Tex. Lab. Code 62.051 adopts the federal minimum wage by reference, and DOL's July 1, 2026 state table lists Texas at $7.25.
Will Texas's minimum wage go up in 2027?
Texas has no scheduled step. Because the state act follows the federal rate, it changes only if Congress changes 29 U.S.C. 206.
What is the tipped minimum wage in Texas?
DOL's table lists a $2.13 cash wage and a $5.12 maximum tip credit. Tex. Lab. Code 62.052 defines a tipped employee as one who customarily receives more than $20 a month in tips.
Can Houston or Dallas raise the minimum wage?
No. Tex. Lab. Code 62.0515 supersedes a local ordinance governing wages in private employment, other than wages under a public contract, and section 1.005 adds a broader preemption.
Does the Texas minimum wage law apply to me if my employer is covered by the FLSA?
The Texas act does not apply to a person covered by the FLSA (62.151), so the federal law does. The rate is $7.25 either way.
How long do I have to file a Texas minimum wage claim?
Two years from the date the unpaid wages were due and payable under Tex. Lab. Code 62.202. A federal FLSA suit generally has a two-year limit, or three for a willful violation.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Labor Code
§ 62.051MINIMUM WAGEIn force
Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 62.0515APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL ENTITIESIn force
(a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract. (b) This section does not apply to any state or federal job training or workforce development program. (c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity. A private entity that enters into a contract or agreement, including a non-annexation agreement, with a governmental entity, under the terms of which the private entity agrees to comply with a minimum wage established by the governmental entity, is subject to the terms of that contract or agreement, and those terms apply to and may be enforced against a general contractor, subcontractor, developer, and other person with which the private entity contracts in order to comply with the provisions of the original contract or agreement.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 1.005PREEMPTIONIn force
(a) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code. (b) For purposes of Subsection (a), a field occupied by a provision of this code includes employment leave, hiring practices, breaks, employment benefits, scheduling practices, and any other terms of employment that exceed or conflict with federal or state law for employers other than a municipality or county.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 62.052TIPPED EMPLOYEESIn force
(a) In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)). (b) In this section, "tipped employee" means an employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 62.151PERSON COVERED BY FEDERAL ACTIn force
This chapter and a municipal ordinance or charter provision governing wages in private employment, other than wages under a public contract, do not apply to a person covered by the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 62.201CIVIL PENALTYIn force
An employer who violates Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable to an affected employee in the amount of the unpaid wages plus an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 62.202LIMITATIONSIn force
An action to recover a liability imposed by this subchapter must be brought not later than the second anniversary of the date on which the unpaid wages are due and payable.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 62.155EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTSIn force
An employer is exempt from this chapter with respect to the employment of a person who: (1) is less than 18 years of age 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; (2) is less than 20 years of age 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; or (3) has a disability and who is: (A) not more than 21 years of age; (B) a client of vocational rehabilitation; and (C) participating in a cooperative school-work program.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
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Sources and References
- Texas Labor Code Chapter 62 (Texas Minimum Wage Act), including 62.051, 62.0515, 62.151, 62.155-62.160 and 62.201-62.205(tcss.legis.texas.gov).gov
- Texas Labor Code 1.005 (preemption)(tcss.legis.texas.gov).gov
- 29 U.S.C. 206 (minimum wage), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 215 (prohibited acts), Cornell LII(www.law.cornell.edu)
- U.S. Department of Labor Wage and Hour Division, Minimum Wage FAQ(www.dol.gov).gov
- U.S. Department of Labor Wage and Hour Division, file a complaint(www.dol.gov).gov
- U.S. Department of Labor, Minimum Wages for Tipped Employees(www.dol.gov).gov