Minimum Wage Preemption: Live Oak vs San Antonio
How do minimum wage preemption rules compare between Live Oak, TX and San Antonio, TX?
Live Oak and San Antonio have similar restriction levels.
Live Oak, TX
Bexar County
Texas Local Government Code Section 229.001 preempts Bexar County from setting a minimum wage above state law. The Texas minimum wage tracks the federal floor of 7.25 dollars per hour, leaving the county no authority to raise it.
View full Live Oak rules →San Antonio, TX
Bexar County
Texas Labor Code Chapter 62 reserves minimum-wage authority to the state and ties Texas to the federal $7.25 floor. San Antonio cannot enact a higher private-employer minimum, so federal FLSA rules govern most private workers in the city.
View full San Antonio rules →Key Facts Comparison
| Fact | Live Oak | San Antonio |
|---|---|---|
| State minimum wage | $7.25/hour | - |
| Preemption statute | TX Loc Govt 229.001 | - |
| County authority | None over private wages | - |
| Federal floor | FLSA $7.25/hour | - |
| Texas statute | - | Texas Labor Code Ch. 62 |
| Preemption section | - | Sec. 62.0515 |
| Standard rate | - | $7.25 federal floor |
| Tipped cash wage | - | $2.13 plus tips |
| SA city wage | - | Living wage for contractors only |
Highlighted rows indicate differences between cities.
Live Oak FAQ
Can Bexar County require contractors to pay more?
Yes, in narrow circumstances. The county may require its own direct contractors to pay a higher living wage as a contracting condition, but cannot impose that on the broader private market.
Is Texas raising the minimum wage soon?
No state-level increase has been enacted. Texas continues to mirror the federal 7.25 dollar floor, and any change would require state legislative action, not county action.
San Antonio FAQ
Can San Antonio set its own minimum wage above $7.25?
No. Texas Labor Code Sec. 62.0515 preempts any city or county ordinance that raises the wage above the state floor. Only the Texas legislature can change the private-employer rate.
Does San Antonio pay its own employees more than $7.25?
Yes. Under SAMC Section 2-9 and Council policy, the city sets a higher living wage for direct city employees and many contractors. This binds only the city, not private employers.
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