Fort Worth, TX Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- 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
- Fort Worth city authority
- Preempted for private employers
Summary
Texas Labor Code Chapter 62 reserves minimum-wage authority to the state and ties Texas to the federal $7.25 floor. Fort Worth cannot enact a higher city minimum, so federal Fair Labor Standards Act rules govern private employers operating in the city.
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.
Full Breakdown
Texas Labor Code Chapter 62 sets the Texas minimum wage equal to the federal Fair Labor Standards Act rate, currently $7.25 per hour, and Section 62.0515 expressly preempts any municipal or county wage ordinance that exceeds the state floor. Fort Worth therefore cannot impose a citywide private-employer minimum, although the city has adopted higher internal wage standards for its own workforce and certain contractors under City Council policy. Tipped workers receive $2.13 cash plus tips totaling $7.25. The Texas Workforce Commission handles wage complaints, and federal FLSA enforcement runs through the U.S. Department of Labor Wage and Hour Division Fort Worth area office.
Violations & Fines
Federal FLSA violations expose Fort Worth employers to back-wage liability, an equal amount in liquidated damages, and civil penalties up to $1,000 per willful repeat violation. Tipped-wage shortfalls require employers to make up the difference to reach $7.25.
Frequently Asked Questions
Can Fort Worth set its own minimum wage above $7.25?
Does Fort Worth pay its own employees more than $7.25?
Sources & Official References
Other rules in Fort Worth
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Minimum Wage Preemption in Nearby Cities
How other cities in Tarrant County handle minimum wage preemption.