Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.
Section 62.0515 of the Texas Minimum Wage Act provides that the minimum wage in this state supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment. Cities such as Austin, Houston, and San Antonio cannot mandate higher minimum wages on private employers within their jurisdictions. Limited exceptions allow local governments to set wage floors for their own employees and direct contractors. HB 2127 (2023) reinforces this preemption by occupying the field of labor regulation. The state minimum wage tracks the federal Fair Labor Standards Act rate of $7.25/hour under Labor Code 62.051.
Local private-sector minimum wage ordinances are unenforceable and subject to declaratory judgment; HB 2127 also provides for civil penalties and trade association standing.
See how Fate's minimum wage preemption rules stack up against other locations.
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