The Texas Labor Law Guide

Texas adopts the federal minimum wage by reference, so the state rate matches the federal figure.

State law also prohibits cities and municipalities from setting a minimum wage for private employers above the state rate. The $7.25 rate therefore applies statewide.

The tipped minimum wage is the lowest hourly cash wage an employer may pay employees who customarily and regularly receive tips, as long as their tips plus cash wages equal at least the applicable minimum wage. Texas follows the federal FLSA standards for tipped employees.

Employers may pay a cash wage of $2.13 per hour, provided the employee's tips plus that 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).

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

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.

If an employer chooses to provide breaks, federal pay rules apply:

• 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.

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

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

Most employers are subject to federal law (FLSA), which is stricter than Texas state law. Under the federal standard:

• 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 to 7:00 PM (extended to 9:00 PM from June 1 through Labor Day).

If a minor is not covered by federal law, Texas 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 includes hazardous occupations, such as 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 (for example, 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.