Harris County, TX Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- State preemption
- TX Labor Code 62.0515
- Federal floor
- $7.25 per hour
- County authority
- Own employees only
- County living wage
- Around $15/hr internal
- Enforcement
- USDOL Wage and Hour
Summary
Texas Labor Code Section 62.0515 preempts any city or county from setting a minimum wage above the federal $7.25 per hour floor. Harris County cannot enact a higher local wage for private employers; only the county's own internal payroll policy may exceed the federal rate.
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.(c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity.
Full Breakdown
Texas Labor Code Section 62.0515 expressly bars municipalities and counties from establishing a minimum wage that exceeds the federal Fair Labor Standards Act rate, currently $7.25 per hour since 2009. Harris County government has no authority to legislate a higher minimum wage for private employers within Houston, Pasadena, Baytown, Pearland, Sugar Land, La Porte, or the unincorporated areas. The Commissioners Court has set a county-employee living wage floor (around $15 per hour) that applies only to direct county payroll and certain county contractors. Private workers default to the federal minimum, enforced by the United States Department of Labor Wage and Hour Division through its Houston district office.
Violations & Fines
Private employers paying below the federal $7.25 floor face USDOL back-wage liability, liquidated damages equal to back wages, and civil penalties for willful violations. Harris County imposes no additional local minimum wage enforcement on private businesses.
Frequently Asked Questions
Can Harris County raise the minimum wage for private workers?
What if I am paid less than $7.25 per hour?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas employment preemption overview
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