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El Paso, TX Employment Preemption: Minimum Wage Preemption (2026)

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

Key Facts

Federal floor
$7.25 per hour
TX preemption
Loc Govt Code Ch. 229
Tipped wage
$2.13 with tip credit
City employees
Higher living-wage floor

Summary

El Paso cannot set a local minimum wage above the federal floor of $7.25 per hour because Texas Local Government Code Chapter 229 preempts cities and counties from regulating private-sector wages and benefits.

Sec. 62.051. MINIMUM WAGE. Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). 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. ... (d) For purposes of this section, "governmental entity" includes a municipality, a county, a special district or authority, a junior college district, or another political subdivision of this state.

Source: Texas Local Government CodeView official code

Full Breakdown

Texas Labor Code 62.051 mirrors the federal Fair Labor Standards Act minimum wage of $7.25, and Texas Local Government Code Chapter 229 broadly preempts municipal regulation of private-employer compensation, hours, and benefits. El Paso has no enforceable local minimum wage. The city does set its own wage floor for direct city employees and certain city-contractor workers under living-wage policies. Tipped workers may earn $2.13 hourly plus tips. Fort Bliss federal contractors follow Service Contract Act wage determinations.

Violations & Fines

Employers paying below $7.25 per hour to non-exempt private workers violate federal FLSA, with civil penalties, back-wage liability, and double-damages liquidated penalties enforced by US DOL Wage and Hour Division.

Frequently Asked Questions

Can El Paso pass a $15 local minimum wage like Seattle?
No. Texas Local Government Code Chapter 229 expressly preempts cities from setting wage floors above federal levels for private employers. Only the Texas Legislature can change the statewide minimum.
Does El Paso pay its own employees more than the state minimum?
Yes. The city has adopted internal wage floors above $7.25 for full-time city staff and select contractors, but cannot impose those floors on private businesses operating in El Paso.

Sources & Official References

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All El Paso rules

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