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.
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.
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.
See how El Paso's minimum wage preemption rules stack up against other locations.
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