This page gives information about employer and employee rights, duties, and remedies under the Texas Minimum Wage Act.
The Texas Minimum Wage Act:
- Sets a minimum wage for non-exempt employees.
- Requires certain employers give their employees a written earnings statement that has certain information about their pay.
- Indicates Texas Workforce Commission (TWC) is the agency who provides information about state minimum wage requirements.
- Contains provisions concerning agricultural piece rate workers.
- Exempts a variety of employers from its coverage.
- Provides civil remedies for its violation.
Texas adopts the federal minimum wage rate. The federal minimum wage is $7.25 per hour. (Effective July 24, 2009)
The Texas Minimum Wage Act does not prohibit employees from collective bargaining with their employers for a higher wage.
With specified restrictions, employers may count tips and the value of meals and lodging toward minimum wage.
An employer does not need to pay an employee who lives on the business premises for on-call time in addition to assigned working hours.
Under specific conditions, an employer may pay a wage that is below the minimum. This applies to an employee who is a patient or client of the Texas Department of State Health Services (DSHS), or to other individuals due to age, or to productivity impairments. See Chapter 62, Texas Labor Code for details.
If you think you've been paid at a rate lower than the law requires may choose to take legal action. You can file a wage claim with TWC, or you can file a lawsuit in civil court.
If you file a wage claim with TWC, it must be filed no later than 180 days after the wages were due. Get more information about How to File a Wage Claim.
You have two years from the date wages were due to file a lawsuit to recover the unpaid wages plus an additional equal amount as liquidated damages. The employer can be assessed reasonable attorney's fees and court costs.
Employers must give employees a written earnings statement. The statement must have enough details for an employee to determine whether they were paid correctly during the pay period.
The primary exemption from the Texas Minimum Wage Act is for any person covered by the federal Fair Labor Standards Act (FLSA).
Other specific exemptions include:
- Employment in, of or by religious, educational, charitable, or nonprofit organizations
- Professionals, salespersons, or public officials
- Certain youths and students
- Family members
- Amusement and recreational establishments
- Non-agricultural employers not liable for state unemployment contributions
- Dairying and production of livestock
- Sheltered workshops
The Commissioner of Agriculture decides how much agricultural workers are paid for picking or harvesting plants and crops. The "piece rates" are based on how much an average worker can do in a certain amount of time. The goal is to make sure at least minimum wage for average workers while allowing workers who harvest more to earn more.