Texas Wage and Hour Laws

Created by FindLaw's team of legal writers and editors.

A state's wage and hour laws determine the baseline wages that an employer must pay their employees under the law. Wage and hour laws include minimum wage laws and overtime laws and violations of these laws could lead to significant administrative or judicial penalties for employers.

Texas law generally aligns the state minimum wage with the federal minimum wage (for non-exempt employees), but it also requires employers to provide written earnings statements and allows for the recovery of attorney's fees for civil actions to recover lost wages.

Texas Wage and Hour Laws at a Glance

Reading through dense statutes and understanding everything contained in them can be difficult without consulting with an attorney. However, you can get started with an introduction to the law with a plain language guide. See the chart below for a brief synopsis of the wage and hour laws in Texas.

Statutes

Texas Labor Code:

  • Section 61.053 (bad faith; administrative penalty)
  • Section 62.051 (minimum wage)
  • Section 62.201 (civil penalty)
  • Section 62.0515 (application of minimum wage to certain governmental entities)
  • Section 62.052 (tipped employees)
  • Section 62.154 (domestic employment)
  • Section 62.156 (employment of inmates)
  • Section 207.049 (receipt of remuneration)

 

Minimum Wage

 

Minimum Wage Amount

The minimum wage in Texas is $7.25, consistent with the federal minimum wage.

Employer Exemptions

The following employers are exempt from the minimum wage:

  • Employers that employ individuals who provide domestic services, including care of a child in or outside of employer's home;
  • Employers that employ domestic employees living in a private residence while providing domestic care for a resident of the home;
  • Specific amusement and recreational businesses specified in the statute;
  • Employers that employ inmates;
  • Employers that employ family members; and
  • Employers engaged in specific types of production of livestock or dairy farming.

Overtime Pay

Unlike many states, Texas follows federal labor laws and doesn't have its own state laws for overtime.

Employers must pay their employees overtime pay for any hours worked over 40 per week. The law mandates that overtime pay should be no less than one and one-half times the employee's regular rate of pay. The only employees that shouldn't receive overtime pay are those that are exempt; exempt employees are strictly defined by the Department of Labor and include employees like certain commissioned positions, teachers, and certain executives and professionals.

The overtime laws in Texas don't have any provisions for holiday pay. Some companies pay their employees time and a half for working on federal holidays, but this varies, depending on the company.

Final Pay-Severance Benefits

In Texas, severance pay is not owed to employees unless it was promised to the employee in a written policy.

Employees can receive the post-termination pay in either in installments or a lump sum, depending on what the employer decides.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Texas Wage and Hour Laws: Related Resources

Have Questions About Texas Wage and Hour Laws? Contact an Attorney

Perhaps you've stayed late without pay or your employer is giving you comp time rather than paying you for overtime. If you're experiencing these or other issues associated with Texas wage and hour laws, then contact an experienced Texas employment attorney who understands the law and can investigate your concerns.

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