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πŸ’Ό Employment Preemption/Minimum Wage Preemption

Minimum Wage Preemption: Frisco vs McKinney

How do minimum wage preemption rules compare between Frisco, TX and McKinney, TX?

Frisco and McKinney have similar restriction levels.

Frisco, TX

Collin County

Few Restrictions

Texas preempts cities including Frisco from setting a minimum wage above the federal $7.25 hourly floor under Local Government Code Section 229.001, leaving employers to follow federal Fair Labor Standards Act rules only.

View full Frisco rules β†’

McKinney, TX

Collin 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 McKinney rules β†’

Key Facts Comparison

FactFriscoMcKinney
Federal floor$7.25 per hour-
Tipped cash wage$2.13 per hour-
PreemptionTX Loc. Govt 229.001-
HB 2127Reinforces preemption (2023)-
Statute-Labor Code 62.0515
State Minimum-$7.25/hour
City Employees Exception-Permitted
Reinforced By-HB 2127

Highlighted rows indicate differences between cities.

Frisco FAQ

Can Frisco require a $15 minimum?

No. State law preempts any local minimum wage above the federal $7.25 floor. Cities cannot impose, recommend, or enforce higher mandatory wages on private employers.

What about city contractors?

Cities retain narrow authority to set wage standards for their own contractors and employees, but cannot extend that to private businesses operating in Frisco generally.

McKinney 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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