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San Antonio, TX Employment Preemption: Minimum Wage Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 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
SA city wage
Living wage for contractors only

Summary

Texas Labor Code Chapter 62 reserves minimum-wage authority to the state and ties Texas to the federal $7.25 floor. San Antonio cannot enact a higher private-employer minimum, so federal FLSA rules govern most private workers 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.

Source: Texas Labor Code Ch. 62View official code

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. San Antonio 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 SA Municipal Code Section 2-9 living-wage provisions. 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 San Antonio area office.

Violations & Fines

FLSA violations expose employers to back-wage liability, an equal amount in liquidated damages, and federal 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 San Antonio set its own minimum wage above $7.25?
No. Texas Labor Code Sec. 62.0515 preempts any city or county ordinance that raises the wage above the state floor. Only the Texas legislature can change the private-employer rate.
Does San Antonio pay its own employees more than $7.25?
Yes. Under SAMC Section 2-9 and Council policy, the city sets a higher living wage for direct city employees and many contractors. This binds only the city, not private employers.

Sources & Official References

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