Does Texas have a minimum wage law?

The answer is yes. The Texas statute on wage and hour is found in Chapter 62 of the Texas Labor Code.

Texas Minimum Wage Act

The Texas Minimum Wage Act follows the Federal Fair Labor Standards Act.

An excerpt of the relevant portions of the TMWA is found below:

Sec. 62.051.  MINIMUM WAGE.  Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).

Sec. 62.052.  TIPPED EMPLOYEES.  (a)  In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)).(b)  In this section, "tipped employee" means an employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 386, Sec. 2, eff. Sept. 1, 2001.

The minimum wage in Texas is $7.25 because that is the same rate set by the FLSA.

The TMWA also requires tipped employees to be paid at least $2.13 an hour with tip credit to add up to $7.25

Many employment lawyers and workers overlooked this Texas minimum wage law in their case analysis and lawsuit. Overlooking the TMWA can result in the neglect of class action claims under the state law.

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