Texas minimum wage 2026
The minimum wage in Texas is $7.25 an hour in 2026. Texas adopts the federal minimum by reference in Labor Code section 62.051, and section 62.151 removes every worker covered by the federal Fair Labor Standards Act from the state Act, so the state Act covers only the rest. Section 62.0515 bars cities from setting their own private-sector minimum wage.
Contents12 sections
At a glance
| Minimum wage now | $7.25 an hour, since July 24, 2009124 |
|---|---|
| Next change | None scheduled. |
| Tipped employees | $2.13 cash wage, tip credit up to $5.1213 |
| Overtime | 1.5 times the regular rate after 40 hours a week (federal law only)26 · details |
| Full-time pay | $290 a week, $15,080 a year at 40 hours a week before taxes · calculate for your hours |
| Enforced by | Texas Workforce Commission |
What to know about the Texas minimum wage
Texas law contains no dollar figure. Labor Code section 62.051 tells employers to pay the federal minimum wage set by section 6 of the Fair Labor Standards Act, so the Texas rate has been $7.25 since July 24, 2009 and moves only if Congress changes the federal rate.1
Section 62.151 splits the workforce in two. Anyone covered by the federal Act falls outside the Texas Minimum Wage Act and is paid under federal law, enforced by the U.S. Department of Labor. The state Act protects workers federal law misses, minus its own exemptions: clergy, executive, administrative and professional staff, commissioned outside salespeople, domestic workers in private homes, people under 18 without a high school or vocational diploma, certain students under 20, inmates, the employer's close family, seasonal amusement businesses and some farm work.1
Cities cannot go higher. Section 62.0515 makes the state minimum supersede any wage set by ordinance, order or charter provision for private employment, except wages under a public contract, and section 62.151 says municipal wage ordinances do not apply to anyone covered by federal law.1 A Texas city may require higher pay in its own contracts, but not a citywide minimum.
Texas adopts the federal tip-credit formula, so the cash wage can be $2.13 in 2026, but section 62.052 starts tipped status at more than $20 a month in tips, not the federal $30.1 Unpaid wages can be claimed from the Texas Workforce Commission under the Texas Payday Law, Labor Code chapter 61, within 180 days after they were due; an examiner investigates and issues a preliminary wage determination order.5 Under chapter 62, an employee may instead sue within two years for the unpaid minimum wage plus an equal amount in liquidated damages and attorney's fees.1
Rates and changes
Workers covered by the federal Fair Labor Standards Act are owed the minimum under federal law. Workers outside federal coverage are owed the same rate under the Texas Minimum Wage Act unless they fall within one of its exemptions.
Tipped employees
| Tip credit | Allowed |
|---|---|
| Minimum cash wage | $2.13 an hour13 |
| Maximum tip credit | $5.12 an hour |
Texas uses the federal tip-credit formula, allowing a $2.13 cash wage in 2026. Under state law a tipped employee is one who customarily receives more than $20 a month in tips (Labor Code 62.052); workers covered by federal law use the federal $30 threshold.
An employer that takes a tip credit must make up the difference whenever wages plus tips fall short of the full minimum wage for the workweek. See the tipped minimum wage guide.
Overtime and salaried staff
| Weekly overtime | No state rule; employers covered by federal law pay 1.5 times the regular rate after 40 hours a week26 |
|---|---|
| Daily overtime | None in state law |
| Exempt salary | The federal level, $684 a week ($35,568 a year) |
Texas has no general state overtime law. Employers covered by the federal Fair Labor Standards Act must pay time and a half after 40 hours in a workweek. The Texas Minimum Wage Act excludes FLSA-covered employment.
Overtime at the minimum wage of $7.25 is $10.875 an hour. Salaried managers, administrators and professionals are exempt from overtime only if they meet the duties tests and are paid at least the exempt salary. See overtime rules in every state or calculate pay with overtime.
How the rate changes
Labor Code 62.051 ties the Texas minimum to the federal rate, so it changes automatically only if Congress changes the federal minimum wage.
Indexed to inflation: no. Tied to the federal rate; no state index.2
Rate history
Who is covered
Employees covered by the federal Fair Labor Standards Act are outside the state Act (Labor Code 62.151). Other employees are covered by Labor Code 62.051, except groups the Act exempts, including domestic workers in private homes, executive, administrative and professional employees, commissioned outside salespeople, people under 18 who have not graduated from high school or a vocational program, certain students under 20, inmates, the employer's close family members, seasonal amusement businesses and some agricultural work.
- Workers covered by the federal Fair Labor Standards Act can also take minimum wage complaints to the U.S. Department of Labor's Wage and Hour Division.
Cities and counties
Labor Code 62.0515 makes the state minimum wage supersede any wage set by a local ordinance, order or charter provision for private employment, other than wages under a public contract, and Labor Code 62.151 makes municipal wage ordinances inapplicable to anyone covered by federal law.
Largest cities in Texas
- HoustonFederal rate $7.25
- San AntonioFederal rate $7.25
- DallasFederal rate $7.25
- Fort WorthFederal rate $7.25
- AustinFederal rate $7.25
- El PasoFederal rate $7.25
Cities of Texas among the 50 most populous in the US (U.S. Census Bureau, Vintage 2025 estimates for July 1, 2025). “Local” marks a city with its own minimum wage, “Regional” a state wage region, and “Federal rate” a city where the federal $7.25 is the rate that applies.
Neighboring states
If you live near a state line, the rate that applies is the one where you do the work, not where you live or where the employer is based.
| State | Per hour now |
|---|---|
| New Mexico | $12.00 |
| Arkansas | $11.00 |
| Louisiana | $7.25 |
| Oklahoma | $7.25 |
Compare every state on the ranked list and map.
Get help or file a claim
If you are paid less than the minimum wage that applies to your job, you can file a wage claim with the agency below. Federal law prohibits firing or otherwise retaliating against a worker for complaining about federal minimum wage rights.
| Agency | Texas Workforce Commission |
|---|---|
| The law | Texas Labor Code ch. 62 (Texas Minimum Wage Act): 62.051, 62.052, 62.0515, 62.151, 62.155 |
| Federal | U.S. Department of Labor, Wage and Hour Division, 1-866-487-9243 |
Sources
- 1
- 2
- 3
- 4
- 5
- 6 U.S. Department of Labor, Wage and Hour Division, Overtime Pay Checked Oct 28, 2026 · Back to text ↑
Is a rate wrong or out of date? Report an error