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Arlington, TX Employment Preemption: Minimum Wage Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Minimum wage
$7.25 per hour
Tipped wage
$2.13 per hour
Preempted by
Texas Labor Code 62.0515
Last federal raise
July 2009

Summary

Arlington cannot set a local minimum wage. Texas Labor Code Section 62.0515 preempts cities from raising wages above the state floor, which mirrors the federal $7.25 per hour established by the Fair Labor Standards Act.

Sec. 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL ENTITIES. (a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract. (b) This section does not apply to any state or federal job training or workforce development program. (c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity...

Source: Texas Labor Code Chapter 62View official code

Full Breakdown

Texas Labor Code Section 62.0515 expressly preempts municipalities and counties from adopting a minimum wage higher than the state's, and Texas Labor Code Section 62.051 sets the state floor at the federal rate of $7.25 per hour. As a result, Arlington workers are subject to the federal FLSA minimum, with no city-level supplement. Tipped workers can be paid $2.13 per hour if tips bring total compensation to $7.25. Arlington has not attempted to raise the floor; any attempt would be void under Texas law.

Violations & Fines

Wage-and-hour violations are enforced federally by the U.S. Department of Labor and at the state level. Workers paid below $7.25 may file FLSA claims for back wages, liquidated damages, and attorney fees. The city has no enforcement role.

Frequently Asked Questions

Can Arlington raise the minimum wage?
No. Texas Labor Code Section 62.0515 preempts cities and counties from setting a higher local minimum wage. Any Arlington ordinance attempting to raise wages above $7.25 would be void.
Are city contractors covered by a higher wage?
Texas does not authorize a separate local prevailing wage for general city contracts. Public works follow Texas Government Code Chapter 2258, which uses locality-based prevailing wages, not a city minimum.

Sources & Official References

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