Texas Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Texas employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Texas
- Minimum wage
- $7.25 per hour. Texas law adopts the federal minimum wage. The state Minimum Wage Act applies only to employers not covered by the federal FLSA (FLSA-covered employers follow the federal law, which sets the same rate). Tex. Lab. Code §§ 62.051, 62.0515, 62.151
- Final paycheck if fired or laid off
- Within six calendar days after the last day of work (laid off, discharged or fired). The employer cannot hold the final check to recover company property unless allowed by law, a court, or the employee's written authorization. Tex. Lab. Code § 61.014 (Texas Payday Law)
- Meal and rest breaks
- No state requirement. If an employer chooses to give short breaks of 20 minutes or less, federal rules require them to be paid; meal breaks of 30 minutes or more with no work may be unpaid. TWC Payday Law guidance
- Unused vacation / PTO payout
- Required only if the employer's written policy or agreement provides for it. Employers set their own policies on how vacation, holiday, sick leave or severance is earned and whether unused time is paid out. Texas Payday Law (Tex. Lab. Code ch. 61)
Last verified: 2026-10-26
Pay
| Minimum wage | $7.25 per hour. Texas law adopts the federal minimum wage. The state Minimum Wage Act applies only to employers not covered by the federal FLSA (FLSA-covered employers follow the federal law, which sets the same rate). Cities and counties may not set a higher minimum wage for private employment, except through their own contracts. No state change scheduled; the rate changes only if the federal minimum wage changes. |
|---|---|
| Tipped minimum wage | Follows the federal tip credit rule. A tipped employee is one who customarily and regularly receives more than $20 a month in tips. Under federal law the cash wage can be as low as $2.13 per hour if tips bring the employee to at least $7.25. Source: Tex. Lab. Code § 62.052 |
| Overtime | No state overtime law; follows the federal FLSA (time and one-half after 40 hours in a workweek for covered, non-exempt employees). Texas law does not require premium pay for holidays or weekends. Source: TWC Payday Law guidance |
| How often you must be paid | At least twice a month for employees who are not exempt from FLSA overtime, and at least once a month for exempt employees. Semi-monthly pay periods must be as equal in length as possible. Paydays must be posted; if none are designated, paydays are the 1st and 15th of each month. |
| Pay stubs | Employers covered by the Texas Minimum Wage Act (generally those not covered by the federal FLSA) must give a signed written earnings statement each pay period showing the employee's name, pay rate, total pay, each deduction and its purpose, net pay, and hours worked (or units produced for piece-rate pay). It can be on the check voucher. Source: Tex. Lab. Code §§ 62.003, 62.151 |
Breaks and leave
| Meal and rest breaks | No state requirement. If an employer chooses to give short breaks of 20 minutes or less, federal rules require them to be paid; meal breaks of 30 minutes or more with no work may be unpaid. Source: TWC Payday Law guidance |
|---|---|
| Paid sick leave | No statewide paid sick leave law. Paid leave is set by the employer's written policy. |
Leaving a job
| Final paycheck if fired or laid off | Within six calendar days after the last day of work (laid off, discharged or fired). The employer cannot hold the final check to recover company property unless allowed by law, a court, or the employee's written authorization. |
|---|---|
| Final paycheck if you quit | On the next regularly scheduled payday after the resignation takes effect. An employer may accept a notice of resignation immediately and does not have to pay for the notice period. |
| Unused vacation / PTO payout | Required only if the employer's written policy or agreement provides for it. Employers set their own policies on how vacation, holiday, sick leave or severance is earned and whether unused time is paid out. |
| Unemployment benefits | Texas Workforce Commission. Apply online through TWC's Unemployment Benefits Services (UBS), which is also used to request payments and check claim status. Tele-Serv phone line: 800-558-8321. Source: Texas Workforce Commission |
Firing, retaliation and discrimination
| Job discrimination complaints | Texas Workforce Commission Civil Rights Division. The state law generally covers employers with 15 or more employees. A complaint must be filed within 180 days of the discriminatory act, or within 300 days for sexual harassment. File through TWC's online Employment Discrimination Inquiry Submission System. |
|---|---|
| Non-compete agreements | Enforceable if it is part of an otherwise enforceable agreement and is reasonable in time, geographic area and scope, restraining no more than needed to protect the employer's goodwill or other business interests. Special requirements apply to covenants involving physicians (for example, a buyout option and access to patient lists and records). Source: Tex. Bus. & Com. Code § 15.50 |
Where to get help in Texas
Employment Law FAQ
What is the minimum wage in Texas?
$7.25 per hour. Texas law adopts the federal minimum wage. The state Minimum Wage Act applies only to employers not covered by the federal FLSA (FLSA-covered employers follow the federal law, which sets the same rate). Cities and counties may not set a higher minimum wage for private employment, except through their own contracts.
What is the tipped minimum wage in Texas?
Follows the federal tip credit rule. A tipped employee is one who customarily and regularly receives more than $20 a month in tips. Under federal law the cash wage can be as low as $2.13 per hour if tips bring the employee to at least $7.25.
What are the overtime rules in Texas?
No state overtime law; follows the federal FLSA (time and one-half after 40 hours in a workweek for covered, non-exempt employees). Texas law does not require premium pay for holidays or weekends.
Are breaks required by law in Texas?
No state requirement. If an employer chooses to give short breaks of 20 minutes or less, federal rules require them to be paid; meal breaks of 30 minutes or more with no work may be unpaid.
When do I get my final paycheck if I'm fired in Texas?
Within six calendar days after the last day of work (laid off, discharged or fired). The employer cannot hold the final check to recover company property unless allowed by law, a court, or the employee's written authorization.
When do I get my final paycheck if I quit in Texas?
On the next regularly scheduled payday after the resignation takes effect. An employer may accept a notice of resignation immediately and does not have to pay for the notice period.
Does an employer have to pay out unused PTO in Texas?
Required only if the employer's written policy or agreement provides for it. Employers set their own policies on how vacation, holiday, sick leave or severance is earned and whether unused time is paid out.
How often must employees be paid in Texas?
At least twice a month for employees who are not exempt from FLSA overtime, and at least once a month for exempt employees. Semi-monthly pay periods must be as equal in length as possible. Paydays must be posted; if none are designated, paydays are the 1st and 15th of each month.
Do employers have to give pay stubs in Texas?
Employers covered by the Texas Minimum Wage Act (generally those not covered by the federal FLSA) must give a signed written earnings statement each pay period showing the employee's name, pay rate, total pay, each deduction and its purpose, net pay, and hours worked (or units produced for piece-rate pay). It can be on the check voucher.
Is paid sick leave required in Texas?
No statewide paid sick leave law. Paid leave is set by the employer's written policy.
Where do I file a job discrimination complaint in Texas?
Texas Workforce Commission Civil Rights Division. The state law generally covers employers with 15 or more employees. A complaint must be filed within 180 days of the discriminatory act, or within 300 days for sexual harassment. File through TWC's online Employment Discrimination Inquiry Submission System.
Are non-compete agreements enforceable in Texas?
Enforceable if it is part of an otherwise enforceable agreement and is reasonable in time, geographic area and scope, restraining no more than needed to protect the employer's goodwill or other business interests. Special requirements apply to covenants involving physicians (for example, a buyout option and access to patient lists and records).
How do I apply for unemployment in Texas?
Texas Workforce Commission. Apply online through TWC's Unemployment Benefits Services (UBS), which is also used to request payments and check claim status. Tele-Serv phone line: 800-558-8321.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.