Minimum Wage Preemption: Austin vs Pflugerville
How do minimum wage preemption rules compare between Austin, TX and Pflugerville, TX?
Pflugerville has fewer restrictions than Austin.
Austin, TX
Travis County
Austin cannot set a private-sector minimum wage. Tex. Lab. Code § 62.0515 preempts local wage ordinances, so the Texas Minimum Wage Act rate of $7.25/hour (matching federal FLSA) applies citywide. Austin pays its own City employees a higher living wage (most recently $20.80/hr under Council Resolution), but this floor does not extend to private employers.
View full Austin rules →Pflugerville, TX
Travis County
Texas preempts local minimum wage laws under Local Government Code Chapter 229, leaving the federal $7.25 per hour rate as the floor for most private employers in Travis County, though Austin and Travis County set higher wages for their own employees.
View full Pflugerville rules →Key Facts Comparison
| Fact | Austin | Pflugerville |
|---|---|---|
| State Minimum Wage | $7.25/hr (= federal) | - |
| Tipped Wage | $2.13/hr cash + tips | - |
| Preemption Statute | Tex. Lab. Code § 62.0515 | - |
| Austin City Employees | $20.80/hr (living wage) | - |
| State Authority | Tex. Lab. Code Ch. 62 | - |
| Federal floor | - | $7.25 per hour |
| Preemption statute | - | TX Local Govt Ch. 229 |
| HB 2127 effective | - | September 2024 |
| Travis Co staff wage | - | Above 20 dollars |
Highlighted rows indicate differences between cities.
Austin FAQ
Is Austin's minimum wage higher than the rest of Texas?
Not for private workers. The Texas $7.25/hour floor applies to all private employers in Austin. The City does pay its own employees and direct contractors a $20.80 living wage, but that doesn't extend to private businesses.
Can Austin pass a citywide $15 minimum wage?
No. Tex. Lab. Code § 62.0515 preempts municipal minimum wage regulation for private employers. Austin would need state legislative authorization to raise the wage for private businesses.
What's the tipped wage in Austin?
$2.13/hour cash, with tips required to bring the total to $7.25/hour. This is the FLSA tip-credit rule (29 U.S.C. § 203(m)), adopted by Texas in Tex. Lab. Code § 62.052.
Pflugerville FAQ
Can Austin require a higher minimum wage?
No for private employers. State preemption blocks local mandates; Austin and Travis County set higher wages only for their own employees and direct contractors.
Are tipped employees treated differently?
Yes. The federal tipped wage of $2.13 plus tips equaling $7.25 still applies in Texas, with employer makeup if tips fall short of the full minimum wage.
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