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Employer’s Guide to the Texas Minimum Wage

9 min read
Texas minimum wage

Navigating the complexities of wage laws can be a daunting task for employers, particularly in a state like Texas where a gradual increase in the minimum wage is underway. Understanding Texas minimum wage requirements is crucial for employers to ensure compliance with labor laws and to foster fair and equitable workplace practices.

To ensure compliance in this regard and to protect your business from potential legal repercussions, this comprehensive guide provides a thorough overview of the Texas minimum wage law, along with its exemptions and special provisions. We will also explore additional wage laws in The Lone Star State to help you stay informed and ensure fair labor practices in your workplace.

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US Minimum Wage Tiers: Federal, State, and Municipal Laws

The United States has a complicated system for setting the minimum wage. This is because, although the federal government sets a basic minimum wage in line with the Fair Labor Standards Act (FLSA), individual states can set their own minimum wage as long as it’s higher than the federal minimum wage. This means that there are different minimum wages in different parts of the country.

State minimum wage laws often take into account the cost of living, economic conditions, and regional differences. Several states have set minimum wages higher than the federal minimum wage because they recognize that workers need to be paid enough to afford the cost of living in their area. Additionally, some cities within states have their own minimum wage laws to reflect the unique economic circumstances of their local communities. This complex system of rules is designed to make sure that American workers are paid fairly, taking into account the specific challenges and costs they face in their respective regions.

Employers in Texas need to understand and follow the Texas minimum wage laws, but they should also consider the impact of minimum wage increases on their ability to attract and retain workers. This is important because as the cost of living continues to rise, workers are increasingly looking for employers who can pay them enough to live. By proactively raising the minimum wage in their business, employers can make their companies more attractive to workers and build a strong and loyal workforce.

History of the Texas Minimum Wage

The history of the Texas minimum wage dates back to the 1930s. Prior to that, there was no minimum wage in the state.

In 1938, the federal Fair Labor Standards Act (FLSA) established a minimum wage of 25 cents per hour for covered employees. However, the FLSA did not apply to Texas intrastate workers until 1961.

In 1961, the Texas legislature enacted its own minimum wage law, setting the minimum wage at 50 cents per hour for covered employees. This was still below the federal minimum wage, which had been raised to 75 cents per hour in 1956.

The Texas minimum wage increased several times over the next few decades. In 1968, it was raised to $1.00 per hour. In 1972, it was raised to $1.25 per hour. It was then raised to $2.00 per hour in 1975.

In 1976, the federal minimum wage was raised to $2.30 per hour. The Texas minimum wage was automatically increased to this level, as required by federal law.

Since 1976, the Texas minimum wage has increased several times. However, the frequency and amount of these increases often fell short of those implemented at the federal level. Nonetheless, the Texas minimum wage is now in line with the federal minimum wage of $7.25. Moreover, Texas enacted a law in 2022 which will gradually raise the minimum wage to $15.00 per hour by 2025.

Current Texas Minimum Wage Rates

The current Texas minimum wage is $7.25 per hour, which is the minimum rate a non-exempt employee in the state of Texas gets paid legally by the hour. This rate is in line with the federal minimum wage.

Texas has not raised its state minimum wage since 2009. However, this is set to change with the introduction of the Texas Fair Minimum Wage Act which commits Texas to increase the minimum wage every year until it reaches $15.00 per hour in 2026. The Texas Fair Minimum Wage Act was signed into law by Governor Greg Abbott on June 15, 2023, and will take effect on January 1, 2024. The new law, which is expected to benefit over 2 million workers in Texas, applies to all employers with the exception of federal and state government employers, small businesses with fewer than 20 employees, and certain agricultural workers.

It is also important to note that there are two different minimum wage rates in Texas: one for non-tipped employees and one for tipped employees. Employers must pay non-tipped employees at least $7.25 per hour. They must pay tipped employees at least $2.13 per hour in cash wages, plus tips. Employers can take a tip credit of up to $5.12 per hour for tipped employees. This means that tipped employees must make at least $7.25 per hour when their cash wages and tips are combined.

There are also a number of exemptions where the above Texas minimum wage rates don’t apply. More on this in the next section.

The Texas minimum wage is set to increase to $9.50 per hour for non-tipped employees on April 1, 2024.

Texas Minimum Wage Exemptions

Like most state minimum wage laws, the Texas minimum wage law includes several exemptions. These exemptions apply to certain categories of employees and allow employers to pay them less than the minimum wage.

Exemptions from the Texas minimum wage law:

  • Federal workers. Federal employers subject to the FLSA do not have to comply with the Texas minimum wage law.
  • Small business employees. Employers with fewer than 25 employees are exempt from the Texas minimum wage law, as long as they are not classified as a “high-volume retailer.” A high-volume retailer is defined as a retail business with gross annual sales exceeding $2 million.
  • Agricultural workers. Employers primarily engaged in agricultural activities are exempt from the Texas minimum wage law. This exemption applies to both employees working on farms and employees working for businesses that process or market agricultural products.
  • Domestic service workers. Employers who employ domestic service workers, such as housekeepers and nannies, are exempt from the Texas minimum wage law.
  • Students. Employers who employ student learners do not have to comply with the Texas minimum wage law, provided the student learners have enrolled in an official vocational education program.
  • Trainee workers. Employers who employ trainees do not have to comply with the Texas minimum wage law, provided the trainees have enrolled in an official training program.

In addition to these specific exemptions, there are several other situations in which employers may be able to pay their employees less than the Texas minimum wage. For example, employers can pay employees less than the minimum wage if they are under the age of 16 or disabled.

Compliance and Enforcement

Employers in Texas must comply with the state’s minimum wage law, which is currently $7.25 per hour (rising to $9.50 per hour in 2024). This means that employers must pay their non-exempt employees at least $7.25 per hour. Tipped employees must receive at least $2.13 per hour in cash wages, plus tips.

The Texas Workforce Commission (TWC) is responsible for enforcing the state’s minimum wage law. Employees who believe their employer is paying them less than the minimum wage can file a complaint with the TWC. Upon receiving a complaint regarding minimum wage violations, the TWC conducts a thorough investigation into the matter. If the investigation reveals non-compliance, the TWC will take appropriate action against the employer. This may involve requiring the employer to pay back wages to affected employees, imposing liquidated damages as compensation for violating the law, and potentially pursuing legal action in severe cases.

Employees also have the right to file a lawsuit against their employer in state court. If the employee is successful, they may be able to recover back pay, liquidated damages, and attorney’s fees. The court may also order the employer to make changes to its payroll practices to ensure compliance with the Texas minimum wage law.

Additional Texas Wage Laws

In addition to the Texas minimum wage, The Lone Star State has various other wage laws that employers must adhere to. These laws cover various aspects of employee compensation, working conditions, and employee rights.

Here’s an overview of additional Texas wage laws that employers need to consider. By understanding and complying with these laws, employers can ensure fair treatment of their employees, protect themselves from legal claims, and maintain a positive reputation in the workplace.

Overtime Pay

The Texas minimum wage law doesn’t explicitly mandate overtime pay provisions. However, employees in Texas must comply with the federal Fair Labor Standards Act (FLSA), which establishes specific overtime pay requirements. Under the FLSA, employers must compensate their employees at a rate of 1.5 times their regular hourly wage for all hours worked beyond 40 in a workweek. This overtime pay requirement applies to most non-exempt employees in Texas, ensuring that they receive additional compensation for working extended hours.

The FLSA overtime pay provisions play a crucial role in protecting the rights of Texas workers and ensuring fair compensation for their labor.

Equal Pay

With the aim of creating a fair and equitable workplace, Texas law safeguards employees against discrimination based on protected characteristics. Specifically, employers must not engage in discriminatory practices regarding wages based on an individual’s sex, race, color, religion, national origin, or disability.

This law is in line with the federal Equal Pay Act of 1963 which prohibits pay discrimination on the basis of gender. The Act requires that employers pay men and women performing the same jobs under similar working conditions equal pay for equal work (pay parity). This landmark legislation has played a pivotal role in advancing gender equality in the workplace and promoting pay transparency.

If an employee suspects an employer has discriminated against them, they have the right to file a complaint. The Texas Equal Employment Opportunity Commission (TEOC) and the U.S. Equal Employment Opportunity Commission (EEOC) are both empowered to investigate such allegations. These agencies play a crucial role in upholding the principles of equal opportunity and protecting the rights of employees.

Meal and Rest Breaks

While Texas law doesn’t mandate meal or rest breaks for non-exempt employees, many employers choose to provide them as a matter of policy or as part of their collective bargaining agreements with unions. These breaks serve as opportunities for employees to rest, recharge, and have a meal. They are also safeguards for their health, safety, and productivity.

Meal breaks should be unpaid and typically last for at least 30 minutes. This allows enough time for employees to step away from their work duties and have a proper meal. Rest breaks, on the other hand, are shorter in duration, typically lasting around 15 minutes. They should provide brief periods of rest during an extended work shift.

The frequency and length of these breaks can vary depending on a number of aspects. This includes the nature of the work, industry standards, and employer policies.

Payment of Wages

Finally, Texas law mandates that employers pay their employees at least twice a month, with designated paydays as stipulated by the employer. These paydays must occur at regular intervals and in accordance with Section 61.011 of the Texas Labor Code. If an employer fails to designate paydays, the default paydays are the first and 15th day of each month.

Employers must pay wages in full and on time. Failure to do so can result in penalties, including back pay, liquidated damages, and attorney’s fees. Employees who believe their employer has not paid them in full or on time can file a complaint with the Texas Workforce Commission (TWC). The TWC has the authority to investigate complaints and take appropriate action against employers who violate the law.

Ensuring timely and accurate wage payments is a crucial aspect of maintaining a fair and compliant workplace. Employers should familiarize themselves with Texas wage laws. They should also implement procedures to ensure adherence, protecting both their business interests and the rights of their employees.

How to Ensure Compliance with Texas Wage Laws

Employers can avoid wage violations by taking proactive steps to ensure compliance. By doing so, employers can protect their businesses from legal consequences and maintain a reputation for ethical labor practices.

Specifically, employers can maintain compliance with wage laws in Texas by following these best practices:

  • Understanding the Texas minimum wage and additional wage requirements. Employers should thoroughly understand the applicable minimum wage rates for their industry and the exemptions that may apply.
  • Accurate recordkeeping. Maintain accurate records of employee hours worked, pay rates, and earnings. These records are essential for verifying compliance and responding to FDOL inquiries.
  • Timely payment. Ensure you pay employees accurately and on time, including overtime pay and any bonuses or commissions.
  • Employee education. Inform employees about their rights under the Texas wage laws.

The Role of Technology in Texas Wage Law Compliance

Technology plays a crucial role in simplifying and streamlining wage law compliance for employers. Payroll software, in particular, can provide numerous benefits:

  • Automated calculations. Eliminate manual calculations and reduce the risk of human error, ensuring accurate wage payments and compliance with minimum wage requirements.
  • Centralized data management. Maintain a centralized database of employee payroll data, enabling easy access and retrieval of records for audits or investigations.
  • Real-time compliance monitoring. Monitor payroll practices in real-time to identify potential compliance issues and take corrective actions promptly.
  • Regulatory updates. Stay informed about changes in wage laws and regulations and automatically update payroll systems to ensure ongoing compliance.
  • Reduced administrative burden. Automate payroll processes, reducing administrative burdens and freeing up time for other tasks.

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How Factorial Can Help You Comply with Texas Wage Laws

Navigating the complexities of Texas wage laws can be a daunting task for employers, especially in a state with a rising minimum wage and numerous paid holidays. Factorial, a comprehensive payroll software, can help you manage payroll in line with Texas wage law requirements.

For example, Factorial simplifies payroll processing by automating calculations, ensuring accurate and timely payments for your employees, including overtime pay. The software also handles pay raises, ensuring that your employees receive their new salaries promptly and accurately.

Moreover, during the tax season, Factorial makes it easier for you to prepare your tax forms and payroll reports, eliminating the burden of manual calculations and reducing the risk of errors. The software also keeps you informed about the latest updates to Texas wage laws and labor regulations.

In addition to standard payroll management, Factorial helps you manage Texas state holidays effectively. It accurately calculates holiday pay and ensures that your employees receive the correct compensation for time off at the end of each pay period. This feature eliminates the risk of underpayment and helps you maintain a positive employee experience.

Finally, Factorial’s robust payroll security features safeguard your company’s confidential payroll data. It employs industry-standard encryption protocols and access controls to prevent unauthorized access, ensuring the protection of sensitive employee information.

Overall, Factorial serves as a valuable tool for employers in Texas, helping them comply with wage laws, manage payroll efficiently, and protect sensitive data. By streamlining payroll processes and providing seamless integration with QuickBooks, Factorial empowers you to focus on your core business while maintaining compliance with the Texas minimum wage.


Cat Symonds is a freelance writer, editor, and translator. Originally from Wales, she studied Spanish and French at the University of Swansea before moving to Barcelona where she lived and worked for 12 years. She has since relocated back to Wales where she continues to build her business, working with clients in Spain and the UK.  Cat is the founder of The Content CAT: Content And Translation, providing content development and translation services to her clients. She specializes in corporate blogs, articles of interest, ghostwriting, and translation (SP/FR/CA into EN), collaborating with a range of companies from a variety of business sectors. She also offers services to a number of NGOs including Oxfam Intermón, UNICEF, and Corporate Excellence - Centre for Reputation Leadership.  For more information or to contact Cat visit her website ( or send her a message through LinkedIn.

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