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Frisco, TX Employment Preemption: Minimum Wage Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

Source: Texas Local Government CodeView official code

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?
No. State law preempts any local minimum wage above the federal $7.25 floor. Cities cannot impose, recommend, or enforce higher mandatory wages on private employers.
What about city contractors?
Cities retain narrow authority to set wage standards for their own contractors and employees, but cannot extend that to private businesses operating in Frisco generally.

Sources & Official References

Other rules in Frisco

All Frisco rules

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Minimum Wage Preemption in Nearby Cities

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