The Texas Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees.

$7.25 per hour (Federal Rate)

• State Rule: Texas adopts the federal minimum wage by reference.

• Local Preemption: Texas law prohibits cities and municipalities from establishing a minimum wage for private employers that is higher than the state rate. Therefore, the $7.25 rate applies statewide.

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Tipped minimum wage means employers can offset part of an employee’s salary if they’re receiving hourly tips. Nevertheless, employers must still commit to a minimum hourly rate, even with tips included. Tipped minimum wage doesn’t remove the need to pay a base salary entirely.

$2.13 per hour

Texas follows the federal FLSA standards for tipped employees.

Requirement: Employers may pay a cash wage of $2.13 per hour, provided that the employee’s tips plus the cash wage equal at least the full minimum wage of $7.25 per hour. If they do not, the employer must make up the difference.

Texas does not have its own state overtime laws. Employers must follow the federal Fair Labor Standards Act (FLSA).

• Rule: Non-exempt employees must receive 1.5 times their regular rate of pay for all hours worked over 40 hours in a workweek.

General Rule: Texas does not require private employers to provide meal or rest breaks to adult or minor employees (except in limited hazardous industries like nuclear plants).

Federal Pay Rules: If an employer chooses to provide breaks:

• Rest Breaks (Short): Breaks of 20 minutes or less must be paid and counted as work time.

• Meal Breaks (Long): Bona fide meal periods (typically 30 minutes or more) where the employee is completely relieved of duty do not need to be paid.

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Texas law does not require private employers to provide paid or unpaid vacation or sick leave.

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Child Labor Laws 

Minors under 14 are generally prohibited from working. Exceptions include child actors (with TWC authorization), newspaper delivery, and non-hazardous work in a business solely owned by parents.

Minors Ages 14–15

• Hours (Federal FLSA - Standard Compliance): Most employers are subject to federal law, which is stricter than Texas state law.

  • School Days: Max 3 hours per day / 18 hours per week.

  • Non-School Days: Max 8 hours per day / 40 hours per week.

  • Time: 7:00 AM – 7:00 PM (Extended to 9:00 PM from June 1 through Labor Day).

• Hours (Texas State Law Only): If not covered by federal law, state law allows up to 8 hours per day and 48 hours per week, with later curfews (10:00 PM on school nights).

• Prohibited Work: Hazardous occupations, including cooking with open flames or fryers without automatic baskets.

Minors Ages 16–17

• Hours: There are no state or federal restrictions on the number of hours or times of day minors 16 and 17 may work in Texas.

• Hazardous Work: Prohibited from working in hazardous occupations (e.g., roofing, excavation, driving, power-driven machinery).

Prohibited for All Minors

• Sexually Oriented Businesses: Texas law prohibits the employment of anyone under age 21 in a sexually oriented business.