Minimum Wage Preemption: Dallas vs Irving
How do minimum wage preemption rules compare between Dallas, TX and Irving, TX?
Irving has fewer restrictions than Dallas.
Dallas, TX
Dallas County
Dallas cannot set a citywide private-sector minimum wage. Tex. Lab. Code § 62.0515 preempts municipalities, leaving the Texas Minimum Wage Act floor of $7.25/hour (matched to federal FLSA) as the binding rate. Tipped employees can be paid $2.13/hour cash with tips making up the difference to $7.25.
View full Dallas rules →Irving, TX
Dallas County
Texas Labor Code Section 62.0515 preempts any city or county from setting a minimum wage above the federal $7.25 per hour floor. Dallas County cannot enact a higher local wage.
View full Irving rules →Key Facts Comparison
| Fact | Dallas | Irving |
|---|---|---|
| State Minimum Wage | $7.25/hr (= federal FLSA) | - |
| Tipped Wage | $2.13/hr cash + tips | - |
| Preemption Statute | Tex. Lab. Code § 62.0515 | - |
| City Workers Floor | $15.85/hr (Dallas City policy) | - |
| Enforcement | TWC + U.S. DOL | USDOL Wage and Hour |
| State preemption | - | TX Labor Code 62.0515 |
| Federal floor | - | $7.25 per hour |
| County authority | - | Own employees only |
| County living wage | - | Around $15/hr internal |
Highlighted rows indicate differences between cities.
Dallas FAQ
Is the Dallas minimum wage higher than Texas?
No. Dallas follows the $7.25/hour Texas Minimum Wage Act floor for private employers. The City pays its own employees a $15.85 living wage by Council policy, but cannot extend that to private businesses.
Can Dallas pass a $15 minimum wage like other major cities?
No. Tex. Lab. Code § 62.0515 expressly preempts local wage ordinances for private employers. Only the Texas Legislature can raise the state minimum wage above $7.25.
What's the tipped minimum wage in Dallas?
$2.13/hour direct wage as long as tips bring the worker to $7.25/hour. This is the federal FLSA tip credit (29 U.S.C. § 203(m)), adopted by Texas under Tex. Lab. Code § 62.052.
Irving FAQ
Can Dallas County raise the minimum wage for private workers?
No. Texas Labor Code 62.0515 preempts local minimum wage ordinances. Only the Texas Legislature or US Congress can raise the floor above $7.25 per hour for private employers in Dallas County.
What if I am paid less than $7.25 per hour?
File a complaint with the US Department of Labor Wage and Hour Division. You may recover back wages plus equal liquidated damages. Tipped workers have a separate $2.13 cash wage with tip credit rules.
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