State labor lawRead at source, 24 September 2026

Texas Labor Laws for Employers (2026): Breaks, Overtime, Final Pay and Hiring

Texas labor law is mostly federal law plus a few Texas pay rules. There is no state requirement for meal or rest breaks, and Texas has no overtime law of its own: the federal rule of time and a half after 40 hours in a workweek applies, with no daily overtime. A fired employee must be paid in full by the sixth day after discharge; one who quits, by the next regular payday. Non-exempt employees must be paid at least twice a month. The minimum wage is the federal $7.25, cities can’t set a higher one for private employers, and Texas has no state paid sick leave or pay-range posting law.

Texas employment law at a glance

Texas leaves most working-time rules to federal law. The state’s own rules are mainly about when and how you pay: the Texas Payday Law (Labor Code chapter 61), the Texas Minimum Wage Act (chapter 62) and the child labor chapter, all enforced by the Texas Workforce Commission (TWC). Here is where each rule stands as of 24 September 2026.

Texas break laws

Texas does not require meal or rest breaks for adult employees. TWC says it directly on its Payday Law page: “The Payday law does not require an employer to give rest breaks or meal breaks.” Schedules, including breaks, are left to the employer.

Minors don’t get a break rule either. What Texas limits for them is hours. Under Labor Code §51.013, 14- and 15-year-olds may not work more than 8 hours in a day or 48 hours in a week. While enrolled in school, they may not work between 10 p.m. and 5 a.m. on a night before a school day, or between midnight and 5 a.m. on other nights. In summer, if not in summer school, they may not work between midnight and 5 a.m. There is a hardship exemption process. Federal child labor rules add stricter limits for 14- and 15-year-olds in many jobs, and the stricter rule applies.

What “no requirement” means in practice. If you give breaks, federal rules decide the pay, and TWC repeats them: rest breaks of 20 minutes or less must be paid, while a meal break of 30 minutes or more with the employee fully relieved of duty can be unpaid (29 CFR 785.18 and 785.19). A lunch where the employee still answers phones or watches the register is paid time.

Lactation. For private employers the rule is federal: the PUMP Act requires reasonable break time and a private place, other than a bathroom, to express milk for up to a year after the child’s birth, for most employees.

Texas overtime laws

Texas has no overtime statute of its own. The Texas Minimum Wage Act in Labor Code chapter 62 does not mention overtime, so overtime comes from the federal Fair Labor Standards Act: time and a half for hours over 40 in a workweek for non-exempt employees. TWC’s employer guidebook puts it plainly: “neither Texas nor federal law require payment of ‘daily overtime.’” A 12-hour shift is straight time unless the week goes over 40 hours.

Exemptions, including the salary level for executive, administrative and professional employees, follow federal rules; see exempt vs. non-exempt. Employers can require overtime of non-exempt employees as long as it is paid.

One Texas rule matters for healthcare employers. Under Health and Safety Code §258.003, a hospital may not require a nurse to work mandatory overtime, a nurse may refuse it, and on-call time can’t be used as a substitute. The exceptions in §258.004 cover declared emergencies, health care disasters, unforeseen events that could not prudently be anticipated, and finishing a procedure already under way. A hospital relying on the unforeseen-event exception must first make a good-faith effort to cover the gap with voluntary overtime, per diem or agency nurses, floats or off-duty staff who agree to work. See overtime laws by state for other states’ nurse rules.

Paying employees in Texas

Minimum wage. Labor Code §62.051 requires employers to pay the federal minimum wage, so the Texas rate is $7.25 an hour and moves only if the federal rate changes. Under §62.0515, the state rate supersedes local ordinances governing wages in private employment, so no Texas city or county can set a higher minimum for private employers (public contracts are the exception). Tipped employees can be paid $2.13 under the federal tip credit. Our Texas minimum wage page has the detail.

Pay frequency. Under Labor Code §61.011, employees exempt from FLSA overtime must be paid at least once a month and everyone else at least twice a month, with semi-monthly periods as nearly equal as possible. You must designate paydays and post them in the workplace; if you don’t, the paydays are the 1st and 15th (§61.012). See pay frequency laws by state.

Final paychecks. A discharged employee must be paid in full no later than the sixth day after discharge, and an employee who quits by the next regularly scheduled payday (§61.014). Unused vacation or sick pay is owed only if your written policy or agreement provides for it, according to TWC. See final paycheck laws by state and PTO payout laws by state.

Deductions. Labor Code §61.018 bars withholding any part of wages unless a court orders it, a state or federal law authorizes it, or the employee has given written authorization for a lawful purpose. That includes deductions for uniforms, shortages and unreturned equipment.

Texas hiring laws

Texas adds few hiring rules of its own, which makes the federal ones the main checklist:

• Pay in postings. No Texas law requires a pay range in a job posting. Most hourly candidates still look for the rate first; see below.
• Criminal history. Texas has no ban-the-box law for private employers. If you use a background check company, the federal Fair Credit Reporting Act’s disclosure, authorization and adverse action steps apply. See ban-the-box laws by state.
• E-Verify and Form I-9. State agencies must use E-Verify for all new employees (Gov’t Code §673.002). Private employers aren’t required to by that law, but every employer must complete a federal Form I-9. See E-Verify requirements by state.
• New-hire reporting. Report new hires and rehires to the Texas Employer New Hire Reporting Operations Center within 20 calendar days of the date they start earning wages (Texas OAG).
• Minors. Most jobs require a minimum age of 14 (§51.011). Texas issues no work permits; a TWC certificate of age is optional (§51.022). See child labor laws by state.
• Discrimination. Labor Code chapter 21 prohibits hiring decisions based on race, color, disability, religion, sex, national origin or age (§21.051).
• Drug testing. We did not re-read Texas drug testing rules for this page; our drug testing laws by state table covers them.
• Workers’ compensation. Texas private employers can choose whether to carry it, but non-subscribers must report their non-coverage status and work-related injuries to TDI’s Division of Workers’ Compensation (TDI; workers’ comp by state).

Paid leave in Texas

Texas has no state law requiring paid sick leave, vacation or holiday pay, and no state paid family leave program. TWC explains that the Payday Law doesn’t require fringe benefits such as vacation, holiday or sick pay, but if you offer them in writing, you must follow your policy. That makes the handbook the rule: write down accrual, carryover and payout. See employee handbook requirements by state. The federal FMLA applies to employers with 50 or more employees.

Posters and records

Texas employers must post their designated paydays (§61.012(c)) and TWC publishes its Payday Law poster and a combined unemployment compensation and Payday Law poster free on TWC’s Payday Law page. Workers’ comp notices depend on whether you carry coverage. Federal posters apply too. See labor law posters by state.

Local ordinances and preemption

Texas limits what cities can do on wages. Labor Code §62.0515 makes the state minimum wage supersede any local ordinance governing wages in private employment, so there is no Austin, Houston, Dallas or San Antonio minimum wage for private employers. A city can set a wage in its own contracts, and a business that agrees to one in a contract with a city is bound by it. Texas has no state WARN law beyond the federal Act (WARN Act by state) and no predictive scheduling law (predictive scheduling laws by state).

What this means when you’re hiring hourly workers in Texas

Texas law sets a $7.25 floor that few frontline employers actually pay, no break rule, no pay-range posting rule and no local wage laws. So what candidates respond to is the market, not compliance. With no posting requirement, many Texas ads leave pay out, and the ones that lead with it stand out. Put the hourly rate, the shift and the city in the first line, keep the application to a few questions, and follow up the same day. Our job ad copywriting guide shows how, how to fill open shifts covers scheduling, and the employee cost calculator shows what a Texas hire costs at the wage you actually pay.

Frequently asked questions

Sources: Texas Labor Code chapters 21, 51, 61 and 62; Gov’t Code §673.002; Health and Safety Code chapter 258; Texas Workforce Commission; Texas OAG; Texas Department of Insurance. Read at source 24 September 2026.