Employment Preemption in Houston, TX (2026)
3 verified employment preemption rules for Houston, Texas, sourced directly from the municipal code and official government pages.
Verified from official government sources
Minimum Wage Preemption
Houston cannot set its own minimum wage. Tex. Lab. Code § 62.0515 preempts municipalities from regulating private-sector wages, so Houston workers are paid the Texas Minimum Wage Act floor, which Tex. Lab. Code § 62.051 ties to the federal FLSA rate of $7.25/hour (unchanged since July 24, 2009). Tipped employees may be paid $2.13/hour direct wage when tips bring total compensation to $7.25/hour.
Houston Minimum Wage: Texas Preemption + Federal $7.25 Apply
Heavy RestrictionsTex. Labor Code §§ 62.051, 62.0515 (Minimum Wage; Application to Certain Governmental Entities)
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. Sec. 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES. (a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance,...
Paid Leave Preemption
Houston has no local paid sick leave or paid family leave ordinance, and cannot adopt one. Texas courts and the Texas Legislature have made clear that local paid-sick-leave mandates are preempted by the Texas Minimum Wage Act (Tex. Lab. Code Ch. 62), because paid leave is a form of wage. Only federal FMLA (unpaid, 12 weeks, qualifying employers) and employer-provided benefits apply to Houston workers.
Houston Paid Sick Leave: Preempted by Texas State Law
Heavy RestrictionsWorker Scheduling Preemption
The Texas Regulatory Consistency Act (HB 4, 2023) bars Texas cities from regulating employer scheduling practices. Houston has no fair-workweek or predictive-scheduling ordinance, and any future local rule would be preempted by state law.
Texas HB 4 Preempts Houston Predictive Scheduling
Few RestrictionsLooking for Harris County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Houston city rules.
Employment Preemption in Harris County →