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Texas's minimum wage is $7.25 per hour, effective July 24, 2009, under Tex. Lab. Code Ch. 62, § 62.051, which adopts the federal minimum wage by reference. Texas Labor Code § 62.0515 expressly preempts all local minimum wage ordinances.— Source: Texas Workforce Commission

Texas wage law

Texas Minimum Wage

Texas's minimum wage is $7.25/hr — the federal floor — set by a statute that adopts the federal rate by reference (Tex. Lab. Code § 62.051). What makes Texas distinctive is not the rate but the preemption: § 62.0515 bars every city, county, and political subdivision from setting a higher local rate, so no Texas employer can face a local ordinance above the state/federal floor.

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Texas Minimum Wage Law — Tex. Lab. Code § 62.051

Texas Labor Code Chapter 62 is the Texas Minimum Wage Law. Section 62.051 adopts the federal minimum wage "as that wage is established under Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 206)" — meaning Texas has no independent state rate. When Congress raises the federal minimum, the Texas rate rises automatically. When Congress leaves it unchanged (as since 2009), the Texas rate stays at $7.25. The rate is confirmed by the Texas Workforce Commission (TWC).

Basic calculation

regular pay (≤40 hours): hours × $7.25/hr overtime pay (FLSA, >40 hours): (hours − 40) × $10.875/hr Example: 45 hours 40 × $7.25 = $290.00 5 × $10.875 = $54.38 Total: $344.38

Local preemption — § 62.0515

Texas Labor Code § 62.0515 is explicit: "A governmental entity of this state, including a municipality, county, or other political subdivision, may not adopt or enforce an ordinance or regulation that requires an employer to pay an employee a wage that is greater than the minimum wage established under this chapter." This makes Texas's preemption statute one of the most direct in the country. Cities like Austin and San Antonio that previously attempted to enact local wage ordinances cannot do so under this provision. The state rate of $7.25/hr is simultaneously the floor and the ceiling for all Texas jurisdictions.

No state overtime law

Texas has no independent state overtime statute. The federal FLSA overtime rule — 1.5× for hours over 40 in a workweek under 29 U.S.C. § 207 — governs all covered Texas employers. TWC confirms this. Texas workers have only federal overtime protection, with no state supplement.

Texas Payday Law — final paycheck rules

Texas Labor Code Chapter 61 (the Texas Payday Law) establishes the final paycheck deadline:

The 6-day rule for discharged employees is relatively short — shorter than many states that use "next regular payday" for all separations. Wage claims under the Texas Payday Law are filed with the TWC.

Texas compared to neighboring New Mexico

New Mexico, which borders Texas to the northwest, has an independent state minimum wage of $12.00/hr under NMSA § 50-4-22(A), effective January 1, 2023 — $4.75/hr above Texas's federal floor. New Mexico also allows local ordinances (Albuquerque, Santa Fe, Las Cruces each have higher rates). Texas's § 62.0515 preemption means no Texas metro area can close that gap locally. Workers in El Paso or Texline, Texas earn $7.25/hr at the minimum; workers 50 miles away in New Mexico earn at least $12.00/hr.

What this page does not determine

Sources and verification

The $7.25/hr rate and July 24, 2009 effective date are verified from the Texas Workforce Commission minimum wage page. The statute citation (Tex. Lab. Code § 62.051) and local preemption (§ 62.0515) are from the same source. Verification date: August 2026. See the site's methodology for source standards.

Common questions

What is Texas's minimum wage in 2026?

Texas's minimum wage is $7.25 per hour, effective July 24, 2009, under Tex. Lab. Code § 62.051, which adopts the federal minimum by reference. There is no CPI-indexing and no scheduled increase; the rate changes only when Congress raises the federal minimum. Confirmed from the Texas Workforce Commission at twc.texas.gov.

Can Austin or Dallas set a higher local minimum wage?

No. Tex. Lab. Code § 62.0515 expressly bars any Texas city, county, or political subdivision from enacting a minimum wage ordinance above the state rate. Previous attempts by Austin and San Antonio to set local rates were blocked by this preemption statute. The $7.25/hr floor is uniform across all Texas jurisdictions.

Does Texas have a state overtime law?

No. Texas has no independent state overtime statute. The federal FLSA rule — 1.5× after 40 hours/week under 29 U.S.C. § 207 — is the only overtime standard for covered Texas employers, confirmed by the Texas Workforce Commission. Workers covered by FLSA have federal overtime protection; those not covered by FLSA have none under Texas law.

When does a Texas employer have to pay a final paycheck?

Under the Texas Payday Law (Tex. Lab. Code Ch. 61): discharged employees must be paid within 6 calendar days of the discharge; employees who quit must be paid on the next regularly scheduled payday. This 6-day discharge rule is shorter than many states' "next regular payday" standard. Wage claims are filed with the Texas Workforce Commission.

What agency enforces minimum wage in Texas?

The Texas Workforce Commission (TWC) administers the Texas Minimum Wage Law and the Texas Payday Law for state-covered employers. The federal Department of Labor Wage and Hour Division (dol.gov/agencies/whd) enforces FLSA for all covered employers. Most Texas workers with minimum wage violations file with the federal WHD, but the TWC also accepts Payday Law complaints at twc.texas.gov.