{"id":376690,"date":"2019-05-02T12:55:07","date_gmt":"2019-05-02T17:55:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-wage-and-hour-laws.html"},"modified":"2026-06-15T09:35:09","modified_gmt":"2026-06-15T14:35:09","slug":"texas-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-wage-and-hour-laws.html","title":{"rendered":"Texas Wage and Hour Laws"},"content":{"rendered":"\n
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Texas Wage and Hour Laws<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Texas wage and hour laws<\/span> are state and federal regulations that dictate how employers must track hours, provide pay stubs, manage child labor, and compensate employees. Governed by the Texas Payday Law<\/span> and the federal <\/span>Fair Labor Standards Act<\/span>, these rules mandate a $7.25 hourly minimum wage, a $2.13 tipped rate, and time-and-a-half overtime pay<\/span> for nonexempt workers exceeding 40 hours weekly.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Texas workers deserve fair pay for every hour they work. Whether you\u2019re dealing with unpaid overtime, missing wages, or questions about your rights, understanding the laws that protect you is the first step. The combination of state and federal laws<\/span> gives Texas workers strong protections. Understanding them can help you protect your paycheck, avoid wage theft<\/a>, and know when to take action.<\/p>\n

This guide explains the laws that shape how Texas employers<\/span> must treat you. We cover the federal <\/span>Fair Labor Standards Act<\/span> (FLSA<\/span>)<\/a>, which sets national rules on minimum wage, overtime pay<\/span>, and child labor laws<\/span>. We\u2019ll also review Texas\u2019s own laws that address your pay, hours, and rights on the job.<\/p>\n

If something feels wrong with your paycheck, your hours, or your treatment at work, consider touching base with a lawyer. A Texas <\/span>employment<\/span> law<\/span> attorney can help <\/a>you understand your options and protect your future.<\/p>\n

Let\u2019s start with some laws every Texas worker should know.<\/p>\n

Key Texas Wage and Hour Laws<\/span><\/h2>\n

A combination of state and federal rules protects Texas workers. These rules dictate how employers count employee hours and the proper compensation. They also address workers’ basic rights on the job.<\/p>\n

Below, we break down key wage and hour laws<\/span><\/a> in Texas. This helps you understand your rights and recognize when something may be unlawful.<\/p>\n

Minimum Wage Requirements<\/h3>\n

Texas follows the federal minimum wage<\/span> set by the FLSA<\/span><\/a>. Though some jurisdictions set higher state <\/span>minimum wage<\/span> rates<\/span>, Texas does not. The Texas Minimum Wage Act<\/span> adopts the federal rate, which has stayed at $7.25 per hour since 2009.<\/p>\n

Texas’s minimum wage law<\/span> also uses the federal minimum wage<\/span> for tipped employees<\/span><\/a>. This has been $2.13 since 1991. If a tipped employee<\/span>\u2019s tips do not bring them to at least $7.25 per hour, the employer must make up the difference. It\u2019s illegal for employers to let tipped workers fall below the full minimum wage.<\/p>\n

Overtime Rules<\/h3>\n

Texas also follows the FLSA<\/span> for overtime laws<\/span><\/a>. This means most nonexempt employees<\/span> must receive overtime pay<\/span> at one-and-a-half times their regular rate of pay<\/span> for all hours worked over 40 in a workweek<\/span>.<\/p>\n

Meal and Rest Break<\/span> Requirements<\/h3>\n

Neither the FLSA<\/span> nor Texas labor laws<\/span> require employers to provide meal breaks<\/span> or rest breaks<\/span>. If an employer chooses to offer them, U.S. <\/span>Department of Labor<\/span> (DOL<\/span>) regulations<\/a> require that they be paid if they\u2019re under 20 minutes. Employers don\u2019t have to compensate for meal periods of 30 minutes or more if the worker is fully relieved of duties.<\/p>\n

Even though Texas doesn\u2019t require breaks, many public and private employers<\/span> offer them as part of their policies. In addition, some collective bargaining agreements<\/a> or other contractual arrangements can require them.<\/p>\n

Child Labor<\/h3>\n

Federal and Texas <\/span>child labor laws<\/span><\/a> protect minors under 18 years old<\/span>. These laws limit the types of jobs minors can perform and the hours they may work, especially on school nights.<\/p>\n

In general, Texas bars employment under age 14, with only narrow exceptions. Employers must follow whichever rule, state or federal, is stricter.<\/p>\n

Other Important Provisions<\/h3>\n

Additional requirements shape how Texas employers<\/span> must handle pay<\/a> and workplace obligations. Several provisions of Texas and federal law<\/span> fill in important gaps and outline certain aspects of the employment relationship. We explore some of the obligations set by these laws below.<\/p>\n

Final Paychecks<\/span><\/strong><\/p>\n

Under the Texas Payday Law<\/span><\/a>, the timing of your final paycheck<\/span> depends entirely on how the employment relationship ends. If an employee is fired<\/a>, earned wages must be paid no later than the sixth calendar day after the termination date. If they resign, the employer may wait until the next regularly scheduled payday<\/span> to issue the former employee\u2019s final check.<\/p>\n

These deadlines apply to most Texas employers<\/span>. It doesn\u2019t matter whether the former employee returned equipment, signed exit paperwork, or completed other offboarding steps. Employers may not withhold earned wages for those reasons.<\/p>\n

Pay Stubs and Pay Periods<\/span><\/strong><\/p>\n

Texas employers<\/span> must give workers information each pay period<\/span> showing gross pay<\/a>, deductions, and sometimes hours worked. This helps with recordkeeping<\/span> and makes it easier to spot missing wages and errors.<\/p>\n

Reporting Time Pay and Split-Shift Premiums<\/strong><\/p>\n

Unlike some states, Texas doesn\u2019t require reporting time pay when a worker shows up but is sent home early. Texas employers<\/span> also don\u2019t have to pay split-shift premiums. This is extra pay for an employee whose workday<\/span> is broken into widely separated shifts. Pay for those hours is usually governed by company policy and the FLSA<\/span>\u2019s basic rules<\/a>.<\/p>\n

Expense Reimbursement<\/strong><\/p>\n

Texas doesn\u2019t have specific laws<\/span> requiring reimbursement of expenses. Sometimes an employment contract<\/span><\/a>, handbook, or written policy promises repayment for uniforms, mileage, or tools. In those cases, the contract or policy may be enforceable even without a specific state law<\/span>.<\/p>\n

Exempt vs. Nonexempt Employees<\/span><\/h2>\n

Under the Fair Labor Standards Act<\/span>, workers are either exempt or nonexempt<\/a>. This distinction affects your right to overtime and how your work hours<\/span> are counted during a workday<\/span>.<\/p>\n

Nonexempt Employees<\/span><\/h3>\n

Nonexempt employees<\/span> are covered by minimum wage and overtime rules. They must be paid at least the federal minimum wage<\/span> and receive overtime for hours over 40<\/a> in a week. Many hourly workers in retail, food service, warehouses, and healthcare are nonexempt.<\/p>\n

Exempt Employees<\/h3>\n

Exempt employees don\u2019t receive overtime. Texas doesn\u2019t have its own exemption<\/span> rules, so employers must follow federal standards.<\/p>\n

Employers may classify employees as exempt only if they meet the requirements of one of the FLSA<\/span>\u2019s white collar exemptions<\/span><\/a>. While some exempt workers are salaried full-time<\/span> employees, being salaried alone does not determine your status.<\/p>\n

To be exempt, these employees must:<\/p>\n