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Minimum Wage in Texas (2025): What Workers Really Need to Know About Pay, Tips, and Fair Treatment
Let’s be honest — no one works just for fun. You work to make a living. But in Texas, figuring out if you’re being paid fairly can feel like trying to read fine print in a thunderstorm. Between federal rules, state exceptions, and tipping laws, it’s easy to get confused — and even easier for employers to take advantage of that confusion.
So, let’s clear it up. Whether you’re a restaurant worker living on tips, a warehouse employee clocking overtime, or an hourly worker wondering why your paycheck looks light, this guide breaks down the minimum wage in Texas, how tips factor in, and when to call The Lange Firm for help.
What Is the Minimum Wage in Texas?
As of 2025, the minimum wage in Texas is $7.25 per hour — the same as the federal minimum wage, which hasn’t changed since 2009.
Unlike some other states, Texas hasn’t passed its own higher state rate of pay. That means unless your city or county has local wage rules (and most don’t), $7.25/hour is the legal minimum your employer can pay.
💡 Quick fact: $7.25 an hour equals $290 for a 40-hour workweek — before taxes. That’s less than $16,000 a year for full-time work.
For many Texas families, that’s not enough to cover rent, gas, groceries, and childcare. Which is why wage disputes and violations are becoming more common — and why knowing your rights matters more than ever.
Who Is Not Covered by the Texas Minimum Wage Law
Here’s where things get tricky. Not everyone in Texas is automatically entitled to minimum wage or overtime. Some workers fall under exemptions — often because of their job type or how they’re paid.
You may not be covered by the minimum wage law if you are:
- A tipped employee (like a server or bartender)
- A farm or ranch worker
- A domestic worker (in some cases)
- A student worker or intern
- A salaried professional (earning above a certain threshold)
Employers often misuse these categories — intentionally or not — to pay less than what’s legally required. And that’s where employment lawyers like The Lange Firm step in to help you figure out if your paychecks are actually lawful.
How Tips Affect Minimum Wage in Texas
If you earn tips, you already know how unpredictable income can be. One night’s great; the next is a ghost town. But here’s what the law says:
Under the Fair Labor Standards Act (FLSA), employers can pay tipped employees as little as $2.13 per hour — if your tips bring you up to at least $7.25 per hour total.
That’s called the “tip credit.” It allows employers to count tips toward meeting the minimum wage.
Here’s the catch:
- If your total (base pay + tips) doesn’t reach $7.25/hour, your employer must make up the difference.
- Tips belong to you, not the company. Employers cannot take or share them (except in legal tip pools).
- Mandatory tip pools can only include employees who regularly receive tips (like servers and bartenders) — not managers, cooks, or owners.
If your employer is withholding tips, misusing the tip pool, or failing to make up the difference, they’re violating the law — and The Lange Firm can help you take action.
Overtime Pay: What Texas Workers Should Know
If you work more than 40 hours in a week, you may be entitled to time-and-a-half (1.5x your hourly rate).
That means if you earn $15/hour and work 50 hours, those extra 10 hours should be paid at $22.50/hour.
But here’s the problem: many Texas employers misclassify employees as “salaried” or “independent contractors” to dodge overtime laws.
Common red flags include:
- Being told you’re “exempt” without explanation
- Getting the same paycheck every week regardless of hours worked
- Being labeled a “contractor” but treated like an employee
If that sounds familiar, you may be owed back pay — sometimes thousands of dollars. The Lange Firm helps employees uncover these wage violations and demand what’s rightfully theirs.
Can Employers Pay You Less Than Minimum Wage?
In most cases, no. But there are a few narrow exceptions allowed under federal law, such as:
- Student workers under specific Department of Labor programs
- Tipped employees, as explained above
- Disabled workers under special wage certificates (rare, and highly regulated)
That said, many employers abuse these rules to cut costs. For example, some restaurants label workers as “trainees” for months to avoid full pay, or require off-the-clock work during setup or cleanup.
If you’re not getting paid for every minute you’re working, that’s illegal — and you can take legal action.
What About Gig Workers and Contractors?
Apps like Uber, DoorDash, and TaskRabbit have blurred the lines between employee and contractor. While contractors aren’t covered by minimum wage laws, misclassification is rampant in Texas.
If your “contractor” job controls your schedule, supervises your work, and sets your pay, you might actually be an employee under the law — entitled to minimum wage, overtime, and other protections.
The Lange Firm can help you determine your real status and file claims for unpaid wages or benefits if your employer got it wrong.
What If My Employer Withholds My Paycheck or Tips?
This one’s simple: that’s illegal.
Employers cannot delay, dock, or withhold your paycheck beyond the lawful pay period. Nor can they threaten to “hold” tips for damages, mistakes, or customer complaints.
If your paycheck is missing hours or your tips vanish, document everything:
- Save pay stubs, schedules, and text messages.
- Write down dates and details.
- Contact an employment lawyer in Houston to review your case.
The Lange Firm has helped Texas workers recover unpaid wages and tips by holding employers accountable — even when the company tries to cover its tracks.
How to File a Wage Claim in Texas
If your employer hasn’t paid you fairly, you can file a claim with the Texas Workforce Commission (TWC) — but beware: their process can be slow and limited.
Many workers get better results by hiring a private attorney who can:
- File a lawsuit for unpaid wages
- Demand penalties and interest
- Negotiate a settlement directly with the employer
When you work with The Lange Firm, your claim is handled professionally and confidentially — with the goal of recovering everything you’re owed, plus compensation for any retaliation or emotional distress you’ve suffered.
Common Wage and Hour Violations in Texas
Here are a few ways employers break the law (sometimes intentionally):
- Requiring unpaid “training” or “pre-shift” work
- Making you clock out before finishing duties
- Not paying overtime after 40 hours
- Misclassifying employees as contractors
- Stealing or redistributing tips
- Deducting for uniforms or equipment without consent
If any of these sound familiar, don’t shrug it off. These aren’t minor payroll “errors” — they’re wage theft.
Your Rights as a Texas Employee
Even in an “at-will” employment state like Texas, you still have strong rights when it comes to pay and workplace treatment. You have the right to:
- Be paid at least minimum wage for every hour worked
- Receive overtime for hours beyond 40/week (if eligible)
- Keep your tips
- Work in a safe, discrimination-free environment
- Report illegal practices without fear of retaliation
If your employer has violated any of these rights, it’s time to speak with a lawyer who knows how to protect you — and make sure justice is served.
Why Having an Employment Lawyer Matters
Wage disputes aren’t just about money — they’re about fairness, dignity, and respect. Standing up to your employer alone can feel intimidating. But with the right lawyer, you’re not alone.
The Lange Firm represents Texas employees who’ve been underpaid, mistreated, or retaliated against for speaking up. From wage theft to wrongful termination, the firm fights to hold employers accountable — one case at a time.
When you contact The Lange Firm, you’ll speak directly with attorney Evan Lange, not an intake clerk or assistant. You’ll get honest answers, clear guidance, and professional representation from start to finish.
Final Takeaway: Don’t Work for Less Than You Deserve
Texas may be a business-friendly state, but that doesn’t mean workers are powerless. Whether you’re earning minimum wage, living on tips, or getting shorted on overtime, you have rights — and you deserve to be paid every dollar you’ve earned.
If you suspect your employer isn’t playing fair, don’t wait. Reach out to an employment lawyer in Houston like The Lange Firm.
You work hard for your money. Let The Lange Firm work hard to protect it.
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