Texas labor laws set a $7.25 minimum wage as of October 2026, require most staff to be paid at least twice a month, and say a fired employee must be paid in full within six days. Workers have 180 days to file an unpaid wage claim with the Texas Workforce Commission.
Texas leaves a lot to federal law, but the Texas Payday Law and the state's child labor law are stricter than people expect. This guide uses Chapters 61 and 51 of the Texas Labor Code and the U.S. Department of Labor's state tables, all read in October 2026.
Texas employment rules at a glance
| Rule | Texas (as of October 2026) | Where it comes from |
|---|---|---|
| Minimum wage | $7.25 an hour, the federal rate adopted by reference | U.S. Department of Labor state table |
| Tipped cash wage | $2.13 an hour, tip credit up to $5.12 | U.S. Department of Labor tipped table |
| Paydays for non-exempt staff | At least twice a month | Texas Labor Code 61.011 |
| Paydays for overtime-exempt staff | At least once a month | Texas Labor Code 61.011 |
| Final pay after firing | Within six days | Texas Labor Code 61.014 |
| Final pay after resigning | By the next regular payday | Texas Labor Code 61.014 |
| Wage claim deadline | 180 days after the wages were due | Texas Labor Code 61.051 |
Paydays and the posting rule
Under section 61.011, staff covered by federal overtime rules must be paid at least twice a month, and pay periods must have as nearly as possible the same number of days. Overtime-exempt staff can be paid monthly. You choose the paydays, but section 61.012 says you must post notices of them in conspicuous places at work. If you never set paydays, the law sets them for you: the first and 15th of each month.
Section 61.013 adds a rule many owners haven't heard of. If someone isn't paid on payday for any reason, including being off that day, you must pay them on another regular business day if they ask.
Final paychecks: six days is the one to remember
This is the detail that catches employers out. Section 61.014 gives you only six days to pay someone in full after you fire them. If they quit, you have until the next regularly scheduled payday. Commissions and bonuses are due under the terms of your agreement with the worker, and section 61.015 says they must still be paid on time like other wages.
How you can pay and what you can deduct
Section 61.016 says wages must be paid in United States currency, by a cheque or other written instrument that can be cashed on demand at full face value, or by electronic transfer to an account the employee chooses or a payroll card account you set up. An employee can agree in writing to take some or all of their wages in another form. A bounced cheque you're responsible for doesn't count as paying wages at all.
Section 61.018 limits deductions. You can't withhold any part of someone's wages unless a court orders it, a state or federal law allows it, or the employee has given you written permission for a lawful purpose. So a uniform charge or a till shortage needs the worker's signature first.
How a Texas wage claim works
- The worker files a wage claim with the Texas Workforce Commission on its form, in person, by mail, by fax or online.
- The claim must be filed within 180 days of the date the wages became due. Section 61.051 calls that deadline a matter of jurisdiction, so late claims can't be heard.
- A commission examiner decides the claim and can order the wages paid.
- If the examiner finds you acted in bad faith, section 61.053 allows an administrative penalty of up to the lesser of the wages in question or $1,000. A worker who brings a claim in bad faith can be penalised too.
Breaks and overtime
- Breaks: Texas doesn't appear on the U.S. Department of Labor's list of states with meal period rules for adults. Federal law doesn't require breaks, but short breaks of about 5 to 20 minutes that you offer count as paid time.
- Overtime: there's no separate Texas overtime law in the federal state table. Federal rules apply, which my guide to overtime laws explains.
Texas rules for teenage workers
Chapter 51 is where Texas goes further than federal law in one respect. Under section 51.013, a 14 or 15-year-old can't work more than eight hours in one day or 48 hours in one week. If they're enrolled in school, they can't work between 10 p.m. and 5 a.m. on a day before a school day, or between midnight and 5 a.m. on other days. Section 51.011 makes it an offence to employ anyone under 14, with narrow exceptions such as performers.
Breaking the child labor chapter is a Class B misdemeanor, and some offences are Class A. Section 51.033 also lets a child labor investigator assess an administrative penalty of up to $10,000 per violation. The good news for careful employers is section 51.032: relying in good faith on an apparently valid certificate of age is a defence.
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Common Texas mistakes
- Paying hourly staff once a month.
- Not posting payday notices at work.
- Holding a fired worker's final pay until the next regular payday instead of paying within six days.
- Letting a 15-year-old close up at 11 p.m. on a school night.
- Forgetting that federal rules, not a Texas statute, decide overtime pay.
For the wage rate itself, see my Texas minimum wage page. If you're setting up a company there, my guide to forming a Texas LLC covers that side.
My verdict
Texas is light on rules but strict on timing. Pay non-exempt staff twice a month, post your paydays, and pay anyone you fire within six days. Keep teenagers inside the eight-hour and 48-hour limits and away from late school nights. Do those things and you'll avoid most of the claims that end up at the Texas Workforce Commission.
Frequently asked questions
What is the minimum wage in Texas?
It's $7.25 an hour as of October 2026. Texas adopts the federal minimum wage by reference rather than setting its own figure.
How often must Texas employers pay employees?
At least twice a month for staff covered by federal overtime rules, and at least once a month for overtime-exempt staff.
When is a final paycheck due in Texas?
Within six days if you fire the employee, and by the next regularly scheduled payday if they resign.
How long do workers have to file a wage claim in Texas?
180 days from the date the wages became due. The Texas Labor Code treats that deadline as a matter of jurisdiction.
Does Texas require lunch breaks?
No. Texas isn't on the federal list of states with adult meal period rules, though short breaks you offer must be paid under federal law.
