Minimum Wage Preemption: Houston vs Tomball
How do minimum wage preemption rules compare between Houston, TX and Tomball, TX?
Tomball has fewer restrictions than Houston.
Houston, TX
Harris County
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.
View full Houston rules →Tomball, TX
Harris 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. Harris County cannot enact a higher local wage for private employers; only the county's own internal payroll policy may exceed the federal rate.
View full Tomball rules →Key Facts Comparison
| Fact | Houston | Tomball |
|---|---|---|
| State Minimum Wage | $7.25/hr (federal FLSA rate) | - |
| Tipped Wage | $2.13/hr (cash) + tips = $7.25 | - |
| Preemption Statute | Tex. Lab. Code § 62.0515 | - |
| State Authority | Tex. Lab. Code Ch. 62 | - |
| Local Higher Wage | Not allowed for private employers | - |
| 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 |
| Enforcement | - | USDOL Wage and Hour |
Highlighted rows indicate differences between cities.
Houston FAQ
Is the minimum wage higher in Houston than the rest of Texas?
No. Houston follows the Texas Minimum Wage Act, which adopts the federal $7.25/hour rate. Tex. Lab. Code § 62.0515 prohibits Houston from setting a higher local floor for private employers, so the wage is identical statewide.
Can Houston pass a $15 minimum wage ordinance?
No, not for private employers. Tex. Lab. Code § 62.0515 expressly preempts municipal minimum wage regulation. Houston could only require a $15 wage for its own city employees or, by contract, for businesses performing services directly for the City.
What is the tipped minimum wage in Houston?
$2.13/hour cash wage, provided tips bring the worker to the full $7.25/hour. This follows the FLSA tip-credit rules under 29 U.S.C. § 203(m), which Texas adopts by reference under Tex. Lab. Code § 62.052.
Tomball FAQ
Can Harris 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 Harris County and across the state.
What if I am paid less than $7.25 per hour?
File a complaint with the US Department of Labor Wage and Hour Division Houston office. 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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