Minimum Wage in Texas: Know Your Rights and Protections

Understanding minimum wage laws in Texas is essential for all workers. Many employees do not fully understand their rights, leading to unpaid wages and unfair treatment. Texas adopts the federal minimum wage rate of $7.25 per hour, but there are exemptions and special situations that affect how much workers get paid.

This article explains the current minimum wage requirements in Texas, covers exemptions, discusses overtime pay, and outlines what to do if your employer violates the law.

What Is the Minimum Wage in Texas?

The federal minimum wage rate of $7.25 per hour applies in Texas because the state does not set a higher minimum wage. Texas follows the federal Fair Labor Standards Act (FLSA), which establishes minimum wage and overtime requirements across the country. Since Texas does not have its own state minimum wage, workers are protected by federal standards.

Why Doesn’t Texas Have a Higher Minimum Wage?

Texas lawmakers have chosen not to raise the state minimum wage. While some states have raised their rates to address inflation and living costs, Texas adopts the federal minimum and has kept the rate at $7.25 per hour since 2009. This decision has led to ongoing debates about raising the minimum wages to reflect the current cost of living.

Who Is Covered by Minimum Wage Law?

Most employees in Texas are covered by minimum wage law under the FLSA. However, some workers fall under exemptions from the Texas minimum wage and may not receive the standard hourly rate.

Covered Employees

• Hourly Workers: Employees who work for an hourly wage are entitled to at least $7.25 per hour.
• Tipped Employees: Workers who earn tips, such as servers and bartenders, can be paid a lower base wage of $2.13 per hour, as long as their total earnings (including tips) equal or exceed the federal minimum wage rate. Should tips fail to raise earnings to $7.25 an hour, the employer covers the difference.
• Full-Time and Part-Time Workers: Minimum wage laws apply to both full-time and part-time employees.

Exempt Employees

Certain workers are exempt from minimum wage requirements, which means they may receive lower pay. The FLSA and the Texas Minimum Wage Act outline these exemptions.

Common Exemptions Include:

• Independent Contractors: These workers are not considered employees and are not protected by minimum wage law.
• Certain Farm Workers: Employees involved in specific agricultural work may not be covered by minimum wage requirements.
• Students and Learners: Full-time students and participants in vocational training programs may be paid a lower rate under certain conditions.
• Employees with Disabilities: Employers can obtain special certificates that allow them to pay workers with disabilities below the standard minimum wage.

Understanding Minimum Wage and Overtime Pay in Texas

Workers putting in over 40 hours weekly qualify for overtime compensation at one and a half times their standard hourly wage. The federal Fair Labor Standards Act and the Texas Labor Code enforce overtime protections. Moreover, they adopt the fair labor standards established at the federal level.

How Overtime Pay Affects Minimum Wage Workers

• Hourly Workers: If you work over 40 hours, your overtime rate increases to at least $10.88 per hour.
• Tipped Employees: Tipped workers who exceed 40 hours must also receive overtime pay that meets or exceeds 1.5 times the base pay plus tips.

What to Do If Your Employer Violates Minimum Wage Laws

If your employer fails to follow minimum wage law, you have the right to take legal action. Employers who violate minimum wage or overtime laws may be subject to penalties and must compensate employees for unpaid wages.

Steps to Protect Your Rights

1. Document Your Pay and Hours: Keep detailed records of your pay period, hours worked, and any tips earned. These records help support your claim if you need to file a complaint.
2. File a Complaint with the TWC: The Texas Workforce Commission (TWC) handles complaints about wage violations. You can file a complaint online or by mail.
3. Report to the U.S. Department of Labor: If your employer is violating the FLSA, you can also file a complaint with the U.S. Department of Labor.
4. Consult an Employment Attorney: An experienced employment attorney, like Clayton Craighead at The Craighead Law Firm, can provide guidance and pursue legal action if necessary.

How Collective Bargaining Can Affect Wages

Collective bargaining agreements allow unions and employers to negotiate better wages and working conditions. Workers covered by collective bargaining agreements often receive wages higher than the minimum wage. These agreements can also ensure stronger protections for overtime pay and benefits.

Understanding the Texas Minimum Wage Act and Labor Code

The Texas Minimum Wage Act sets the framework for minimum wage requirements in the state. Since Texas adopts the federal minimum wage, the act primarily outlines procedures for wage compliance and enforcement. The Texas Labor Code also incorporates federal wage standards, ensuring that workers receive fair treatment under the law.

How The Craighead Law Firm Can Help

Clayton Craighead is an experienced Houston attorney who handles cases involving employment disputes, including minimum wage violations. Clayton has successfully represented both individual workers and large corporations in state and federal courts, giving him a broad perspective on employment law.

Why Choose The Craighead Law Firm?

• Extensive Experience: Clayton has handled cases involving wage disputes, overtime violations, and unfair labor practices.
• Personalized Service: Each client receives individualized attention and a clear strategy for addressing their claims.
• Proven Results: Clayton works to recover unpaid wages and secure justice for his clients.

If your employer has violated minimum wage laws or withheld wages, The Craighead Law Firm can guide you through the legal process and help you recover the compensation you deserve.

Frequently Asked Questions

Can My Employer Pay Me Less Than Minimum Wage?

No, unless you qualify for an exemption. Most workers in Texas must be paid at least $7.25 per hour under federal and state law.

What If My Tips Do Not Meet the Minimum Wage?

If your tips and base pay do not equal the federal minimum wage rate, your employer must make up the difference. Failing to do so violates wage laws.

How Do I File a Complaint for Unpaid Wages?

You can file a complaint with the Texas Workforce Commission (TWC) or the U.S. Department of Labor. An attorney can also help you take legal action if your employer refuses to comply with wage laws.

Protect Your Rights and Take Action

The minimum wage in Texas remains at $7.25 per hour, and while many workers are covered by this law, exemptions and special circumstances can affect pay rates.

Understanding your rights under the federal Fair Labor Standards Act and the Texas Minimum Wage Act helps you identify when an employer may be violating wage laws. If you believe your employer has not followed minimum wage and overtime regulations, you can file a complaint or pursue legal action.

The Craighead Law Firm is ready to stand by your side and fight for your rights as a Texas worker.