Texas Employment Law

What is the minimum wage in Texas?

Texas follows the federal minimum wage, which is currently $7.25 per hour.

If you were paid less than this and do not fall under a legal exception, your employer may have violated the law.

How does minimum wage work for tipped employees?

Employers can pay tipped workers as little as $2.13 per hour, only if tips bring the total hourly pay up to at least $7.25.

If your tips plus hourly wage did not reach $7.25, your employer must pay the difference. Failing to do so may be wage theft.

Can my employer pay me less if I am under 20?

Yes, but only temporarily. Employees under 20 may be paid $4.25 per hour for the first 90 days of employment. After that, the regular minimum wage applies.

Is vacation or PTO required in Texas?

No. Employers are not required to offer vacation or paid time off.

However, if your employer does offer PTO, they must follow their own written policy. Denying earned or accrued vacation may be unlawful.

Do employees in Texas have a right to overtime pay?

Most non-exempt employees must be paid:

• 1.5 times their regular rate
• For all hours worked over 40 in a workweek

Can my employer call me "exempt" to avoid paying overtime?

Not legally, unless you truly meet the exemption requirements. Job titles alone do not determine exemption. Many employees are misclassified as salaried or independent contractors and unlawfully denied overtime.

How does Texas decide employee vs. independent contractor?

TUCA focuses on whether the worker performs services for wages under a contract and whether the hiring party has the right to direct or control how the work is done. The right to control can exist even if it is not exercised.

Texas Workforce Commission guidance uses a multi-factor approach. Labels and paperwork do not control the outcome, and a 1099 does not automatically mean independent contractor status.

• Services are part of the company’s core operations
• The worker must perform the work personally
• The business sets hours, location, or sequence of work
• The worker receives training or ongoing instructions
• Payment is hourly, weekly, or on a regular schedule
• The company provides tools, equipment, or reimburses expenses
• The relationship is ongoing rather than project-based
• The worker cannot freely hire helpers or substitutes

Are independent contractors protected by Texas employment laws?

No, but misclassification is illegal. If your employer treated you like an employee but labeled you a contractor to avoid overtime, taxes, or benefits, you may still be legally considered an employee and entitled to back pay.

Are there pay transparency laws in Texas?

Texas does not currently require employers to disclose pay ranges or salary bands. However, pay secrecy does not allow discrimination.

If you were paid less than coworkers due to sex, race, age, disability, or another protected characteristic, that may still be illegal even without pay transparency laws.

What discrimination protections exist for Texas employees?

Texas and federal law prohibit discrimination based on:

• Race or color
• Sex (including pregnancy, gender identity, and sexual orientation)
• Disability
• Religion
• National origin
• Age
• Genetic information

Is workplace harassment illegal in Texas?

Yes. Sexual harassment and other forms of unlawful harassment are illegal, regardless of company size.

If you reported harassment or participated in an investigation, retaliation against you is also illegal.

Do Texas employees have pregnancy leave rights?

Texas does not have a separate pregnancy disability law. Pregnancy-related leave is typically covered under FMLA for eligible employees and federal anti-discrimination laws.

Employers may not treat pregnancy worse than other medical conditions.

What is the CROWN Act in Texas?

The CROWN Act prohibits discrimination based on natural hair texture or protective hairstyles associated with race. Employers cannot enforce grooming policies that unfairly target these hairstyles.

What family or medical leave rights do employees have in Texas?

Texas relies primarily on federal law. You may qualify for up to 12 weeks of unpaid, job-protected leave if your employer has 50 or more employees and you worked there long enough and met eligibility requirements.

FMLA covers serious health conditions, pregnancy, childbirth, adoption, and caring for close family members.

Are employees protected if they take military leave?

Yes. Federal law protects employees who take leave for military service or training. When you return, your employer must generally restore you to your job with the same pay, benefits, and seniority.

Can my employer punish me for jury duty?

No. While employers do not have to pay you for jury duty, it is illegal to fire or retaliate against you for serving on a jury if you gave reasonable notice.

Do employees have the right to time off to vote?

Yes. Texas employers must allow paid time off to vote unless you already have at least two consecutive hours outside working hours to vote.

Threatening or punishing an employee for voting is illegal.

Can Texas employees join or organize a union?

Yes. Federal law protects your right to:

Texas is a right-to-work state, meaning you cannot be forced to join or avoid a union, but employers still cannot interfere with organizing efforts.

• Organize or join a union
• Discuss wages and working conditions
• Take collective action

When should I talk to a Texas employment lawyer?

You should consider speaking with a lawyer if:

Many workers do not realize they have a claim until they understand how the law actually applies to their situation.

• You were not paid minimum wage or overtime
• You were misclassified
• You faced retaliation after complaining
• You experienced discrimination or harassment
• You were fired for exercising legal rights

Are meal breaks or rest breaks required in Texas?

Generally, no. Texas law does not require meal or rest breaks for most workers.

Failure to provide these accommodations may violate the law.

• Construction workers in Austin are entitled to a 10-minute rest break every four hours
• Nursing employees must be given reasonable break time to express breast milk
• Nursing employees must be given a private space that is not a bathroom

Is paid sick leave required in Texas?

No statewide requirement exists. Some cities passed sick-leave ordinances, but enforcement has been blocked by courts.

Retaliation for using employer-provided sick leave may still be illegal depending on the circumstances.

What workplace safety rights do Texas employees have?

Employees have the right to a safe workplace. Employers must provide safe equipment, address known hazards, and provide required training.

If you were injured due to unsafe conditions or punished for reporting safety issues, you may have legal protections.

Is Texas an at-will employment state?

Yes. Employers can generally terminate employment for any reason, but not for illegal reasons.

Termination is unlawful if it was based on discrimination, retaliation, whistleblowing in some cases, or exercising protected rights.

Do employees have privacy rights at work in Texas?

Employers generally can monitor workplace email and internet use. However, monitoring cannot be used to discriminate or retaliate unlawfully.

Are whistleblowers protected in Texas?

Public employees are protected under the Texas Whistleblower Act. Private-sector protections are more limited but may exist under federal law depending on the situation.

Is workers' compensation required in Texas?

Texas is unique. Most private employers are not required to carry workers' comp.

However, employers who opt out lose important legal protections and may be sued directly for workplace injuries.

What happens if I am laid off in Texas?

Large employers may be required to give 60 days' notice under federal law for mass layoffs.

Texas employees are entitled to receive their final paycheck promptly and may qualify for unemployment benefits if they lost their job through no fault of their own.