Texas · HR Compliance Guide

Texas HR Compliance
for Small Businesses

Everything you need to know about employment law in Texas: minimum wage, leave requirements, pay transparency, final pay rules, and more. Updated for 2026.

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Minimum Wage & Overtime in Texas

Minimum Wage
$7.25 (federal)
Overtime Rule
Federal 40/wk only
Final Pay — Fired
within 6 CALENDAR DAYS of discharge
Overtime
Federal 40/wk only
💵
Minimum Wage — Texas
$7.25 (federal)
📌
Key Note for Texas
CRITICAL: Final pay within 6 CALENDAR DAYS for involuntary termination. No state income tax.

Paid Leave Requirements in Texas

🏥
Paid Sick Leave
No (2023 Texas Regulatory Consistency Act preempts Austin and San Antonio local ordinances)
Not required
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Paid Family & Medical Leave
No state-mandated paid family leave in Texas. Federal FMLA applies to employers with 50+ employees.
Not required

What You Must Disclose in Texas

📊
Pay Transparency
Texas has no statewide pay transparency law. You are not required to include salary ranges in job postings.
Not required
🚫
Salary History
Texas does not ban salary history questions. Pay equity best practice is to avoid them regardless.
Allowed
📜
Noncompete Agreements
Tex. Bus. & Com. Code 15.50: enforceable if ancillary to otherwise enforceable agreement, reasonable in scope.

Final Pay & Termination Rules in Texas

💸
Final Pay in Texas
Fired: within 6 CALENDAR DAYS of discharge · Quit: next regularly scheduled payday

Common HR Situations in Texas

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Texas Employment Law — Common Questions

What is the minimum wage in Texas in 2026?
The minimum wage in Texas is $7.25 (federal). Tipped: $2.13.. Tipped employees may be paid $2.13/hour with a valid tip credit. Always verify the current rate at the start of each calendar year — many state rates are indexed to CPI and adjust annually.
When must an employer pay final wages after termination in Texas?
In Texas: involuntary terminations — Within 6 CALENDAR DAYS of discharge. Voluntary resignations — . Accrued PTO is not required to be paid out on termination unless your written policy promises it. Never hold a final paycheck over unreturned equipment or unsigned paperwork — that exposes you to wage claims regardless of the circumstances.
Does Texas require paid sick leave?
Texas does not have a statewide paid sick leave law as of 2026. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying employees at employers with 50 or more workers. Offering paid sick leave voluntarily improves retention and reduces unplanned absenteeism.
Does Texas have paid family and medical leave?
Texas does not have a state-mandated paid family leave program. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for employers with 50 or more employees. Employers can offer private paid leave or short-term disability insurance.
Does Texas require pay transparency in job postings?
Texas does not currently have a statewide law requiring salary ranges in job postings. Pay equity best practice is to establish documented pay bands and apply them consistently, regardless of what the law requires.
Are noncompete agreements enforceable in Texas?
Tex. Bus. & Com. Code 15.50: enforceable if ancillary to otherwise enforceable agreement, reasonable in scope. 2025: statutory buy-out for healthcare practitioner noncompetes capped at physician's total annual salary at time of separation. Texas courts evaluate noncompetes for legitimate business interest and reasonableness of scope, geography, and duration.
How does Texas classify workers as employees vs. independent contractors?
Texas uses the following test to determine worker classification: Common law right-to-control test. Federal FLSA and IRS standards.. Misclassification exposes employers to back taxes, penalties, and liability for benefits and wage-hour violations. When in doubt, consult counsel before engaging contractors for ongoing work.
What meal and rest break requirements apply in Texas?
Meal breaks: None required for private employers. Rest breaks: None required. Missing a required break can trigger a premium pay penalty — make sure managers understand that breaks are mandatory, not optional, and document compliance in timekeeping records.

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