Frisco, TX Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- Federal floor
- $7.25 per hour
- Tipped cash wage
- $2.13 per hour
- Preemption
- TX Loc. Govt 229.001
- HB 2127
- Reinforces preemption (2023)
Summary
Texas preempts cities including Frisco from setting a minimum wage above the federal $7.25 hourly floor under Local Government Code Section 229.001, leaving employers to follow federal Fair Labor Standards Act rules only.
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.
Full Breakdown
Texas Local Government Code Section 229.001 forbids cities and counties from regulating wages paid by private employers, locking the minimum wage to the federal Fair Labor Standards Act rate of $7.25 per hour. Frisco cannot impose a higher minimum, living wage, or wage theft penalty beyond what state law allows. Tipped workers may be paid $2.13 cash if tips bring total to $7.25. The 2023 Texas Regulatory Consistency Act (HB 2127) reinforced broad employment preemption against local rule-making, though its full scope is being litigated.
Violations & Fines
Employers paying below federal $7.25 face FLSA back-wage liability, liquidated damages, and DOL enforcement; Frisco cannot prosecute wage cases beyond state and federal channels.
Frequently Asked Questions
Can Frisco require a $15 minimum?
What about city contractors?
Sources & Official References
Other rules in Frisco
Texas rules heatmap·Compare Frisco to another location·View the Texas employment preemption overview
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Minimum Wage Preemption in Nearby Cities
How other cities in Collin County handle minimum wage preemption.