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TX · state labor law, 2026

Texas labor laws: minimum wage, overtime, leave, final pay and breaks

Texas leaves most pay rules to federal law, forbids cities from raising wages and adds one firm deadline of its own: the sixth day after a dismissal.

Texas and federal rules checked on official sources on · Checked by Radif Partners · How we calculate

Minimum wage now
$7.25/h
federal floor applies
Next change
none announced
checked October 11, 2026
Tipped cash wage
$2.13/h
tips must make up the rest
Overtime
40 h/week
federal FLSA rule
Paid sick leave
no state law
employer policy
Paid family leave
no program
FMLA is unpaid

Texas has the same minimum wage as federal law, $7.25 an hour, because the Texas Minimum Wage Act adopts the federal figure instead of setting its own. A full-time job at that rate pays $15,080 a year before taxes. Tipped employees can be paid a cash wage of $2.13 as long as tips bring them to the minimum. Texas has no overtime statute for private employers, so the federal rule applies: time and a half after 40 hours in a workweek, with no daily overtime. There is no state paid sick leave, no paid family leave program and no meal or rest break law for adults. What Texas does regulate is the last paycheck: a worker who is fired must be paid in full no later than the sixth day after the discharge, and one who quits by the next regular payday.

State

Texas

Before taxes, without tips.

Gross pay for this week in Texas

$290

Time and a half after 40 hours in a week (federal rule)

Minimum wage in Texas now$7.25 an hour (federal floor)
Your rate against itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shiftNone required for adults
Final paycheck if firedno later than the sixth day after discharge
Unused vacation at the endPaid out if the employer policy or contract says so
Paid family leaveNo state program

40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.

A state rate that follows Washington

The Texas Labor Code does not name a dollar figure. It says the state minimum wage is the federal one, so when the federal rate last changed, on July 24, 2009, Texas moved with it, and it will move again only if Congress acts. Cities have no way around that: the same chapter says the state minimum overrides any city ordinance or charter on private-sector wages, except on public contracts. Austin, Dallas, Houston and San Antonio can pay their own employees more, and many large private employers in the state pay well above the floor, but no local law can require it. The practical effect is that a worker in Texas compares offers on pay alone; the law guarantees $7.25 and nothing above it.

Compare two states for a full-time minimum wage job

Texas / California, per hour

$7.25 / $16.90

Full-time year (2,080 h)$15,080 / $35,152
Gap over a year$20,072
Paid sick leave lawno / yes
Paid family leave programno / yes
Minimum wage in every state →

Overtime: the federal rule, week by week

With no state overtime statute, the Fair Labor Standards Act decides. Hours count by workweek, a fixed run of seven days that the employer chooses, and a long day does not trigger overtime by itself. A cook earning $15 an hour who works five 9-hour shifts reaches 45 hours, so the week pays 40 straight hours and 5 at time and a half, $713 in all. Two weeks cannot be averaged, so 50 hours one week and 30 the next still means 10 overtime hours in the first. Salaried staff are exempt only if they pass the federal duties test and earn at least $684 a week; there is no higher Texas level. The exemption guide explains the duties side.

The sixth-day rule for final pay

This is where Texas is stricter than federal law, which sets no deadline at all. If you are let go, the employer must pay everything you are owed within six days of the discharge: a dismissal on October 2, 2026 means pay by October 8, 2026 at the latest. If you resign, the deadline is the next regular payday. Vacation, sick or severance pay counts as wages only if a written policy or agreement promises it, so the handbook decides whether unused days are paid out. Unpaid wages can be claimed with the Texas Workforce Commission, which handles wage claims without a lawyer.

Leave and breaks are up to the employer

Texas law requires neither paid sick days nor lunch breaks for adults. Leave rights come from federal law: the FMLA gives up to 12 weeks of unpaid, job-protected leave if your employer has 50 or more employees and you meet the service and hours tests. Breaks, when given, follow the federal rule that short rest breaks are paid time and a real meal period of 30 minutes or more can be unpaid. The FMLA calculator checks your eligibility.

Unions and dismissal

Texas is a right-to-work state: no one can be required to join a union or pay dues to keep a job, and dues can be taken from a paycheck only with the worker's written consent. Employment is at will, so an employer may end it without giving a reason, but not for a reason the law forbids, such as discrimination or retaliation for a wage claim.

Texas employment rules at a glance, 2026

Minimum wage schedule

Texas minimum wage rows for 2026 and any announced 2027 rate. The state law ties the minimum wage to the federal rate ($7.25); employees covered by the FLSA are excluded from the state act and protected by federal law directly. Employers not liable for state unemployment contributions are exempt (except agriculture).
FromWho it coversRateNote
January 1, 2026Statewide$7.25The Texas Minimum Wage Act adopts the federal minimum wage (FLSA section 6)

Texas has no state rate above the federal floor, so employers covered by the Fair Labor Standards Act pay at least $7.25 an hour. Exempt from the state act: under-18s who are not high school graduates, students under 20 enrolled in school, domestic workers, seasonal amusement establishments, white-collar exempt staff, among others (Labor Code 62.151-62.160). Read the Texas rule.

Overtime

Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. No Texas overtime statute for private employers; the federal FLSA (time and a half after 40 hours a week) applies. source

Sick leave and family leave

Texas has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No statewide paid sick leave law for private employers.

No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.

Final paycheck and unused vacation

Fired or laid off: no later than the sixth day after discharge. Quitting: no later than the next regularly scheduled payday. Vacation: Vacation, holiday, sick or severance pay counts as wages (and must be paid at separation) only when owed under a written agreement or written policy of the employer.. source vacation rule

Meal and rest breaks

No meal break is required for adults by state law. No paid rest break is required for adults.

Unions and dismissal

Texas is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source

Also worth knowing in Texas

  • Cities cannot set their own private-sector minimum wage: the state minimum wage supersedes any local ordinance, order or charter provision on private wages (except public contracts). source
  • Union dues cannot be withheld from pay without the employee's written consent. source

Questions people ask

What is the minimum wage in Texas in 2026?

It is $7.25 an hour, the same as the federal minimum wage, because Texas law adopts the federal rate. Tipped employees may be paid $2.13 in cash if tips bring them to $7.25. No Texas city can set a higher private-sector minimum, and no increase is scheduled unless Congress raises the federal rate.

Does Texas have daily overtime?

No. Texas has no overtime law of its own for private employers, so the federal Fair Labor Standards Act applies: time and a half for hours over 40 in a workweek. A 12-hour day does not create overtime unless the weekly total passes 40. Some public employees and workers under a union contract may have different terms.

How long does a Texas employer have to give a final paycheck?

If you are fired or laid off, the employer must pay all wages owed within 6 days of the discharge. If you quit, payment is due by the next regularly scheduled payday. Unused vacation is owed only if a written policy or agreement says so. A late payment can be claimed through the Texas Workforce Commission wage claim process.

Are Texas employers required to give lunch breaks?

No state law requires meal or rest breaks for adult employees in Texas. When an employer offers a short break of about 5 to 20 minutes, federal law treats it as paid work time. A meal period of 30 minutes or more can be unpaid if you are fully relieved of duty. Many employers set breaks by policy.

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on