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πŸ’Ό Employment Preemption/Minimum Wage Preemption

Minimum Wage Preemption: Arlington vs Keller

How do minimum wage preemption rules compare between Arlington, TX and Keller, TX?

Arlington and Keller have similar restriction levels.

Arlington, TX

Tarrant County

Few Restrictions

Arlington cannot set a local minimum wage. Texas Labor Code Section 62.0515 preempts cities from raising wages above the state floor, which mirrors the federal $7.25 per hour established by the Fair Labor Standards Act.

View full Arlington rules β†’

Keller, TX

Tarrant County

Few Restrictions

Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.

View full Keller rules β†’

Key Facts Comparison

FactArlingtonKeller
Minimum wage$7.25 per hour-
Tipped wage$2.13 per hour-
Preempted byTexas Labor Code 62.0515-
Last federal raiseJuly 2009-
Statute-Labor Code 62.0515
State Minimum-$7.25/hour
City Employees Exception-Permitted
Reinforced By-HB 2127

Highlighted rows indicate differences between cities.

Arlington FAQ

Can Arlington raise the minimum wage?

No. Texas Labor Code Section 62.0515 preempts cities and counties from setting a higher local minimum wage. Any Arlington ordinance attempting to raise wages above $7.25 would be void.

Are city contractors covered by a higher wage?

Texas does not authorize a separate local prevailing wage for general city contracts. Public works follow Texas Government Code Chapter 2258, which uses locality-based prevailing wages, not a city minimum.

Keller FAQ

Can Austin or Houston set a $15 minimum wage?

Not for private employers. Cities can set higher wages for their own city employees and contractors but cannot mandate it for private businesses operating within city limits.

Does Texas have its own minimum wage above federal?

No. Texas Labor Code 62.051 ties the state minimum wage to the federal Fair Labor Standards Act rate, currently $7.25 per hour, with no automatic state increases.

Can cities require living wage for contractors?

Yes for direct city contracts and city employees, but not for private employers generally. Some cities use procurement preferences to encourage higher wages.

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