Texas Restaurant Labor Laws (2026): Wages, Tips & Overtime
Minimum wage, tipped pay, overtime, breaks, and minor-employment rules for Texas restaurant managers in 2026.
Last reviewed: June 2026Texas follows the federal minimum wage and the federal wage-and-hour framework almost entirely, which makes its rules simpler than most large states. There is no state daily overtime, no required adult breaks, and local governments are barred from setting their own minimum wage.
This guide covers the Texas 2026 wage figures, the tip credit, overtime, breaks, and minor-employment rules restaurant managers run into most. Confirm details with the Texas Workforce Commission before relying on them for payroll.
Texas restaurant labor laws at a glance (June 2026)
| Standard minimum wage | $7.25/hr |
|---|---|
| Tipped minimum (cash) wage | $2.13/hr cash wage |
| Tip credit | Permitted — up to $5.12/hr |
| Overtime | 1.5× after 40 hours/week (federal; no daily overtime) |
| Meal break (adults) | None required (follows federal) |
| Minimum age to work | 14 (no state work permit; age certificate on request) |
Minimum wage for Texas restaurant workers
Texas’s minimum wage in 2026 is $7.25 per hour, matching the federal rate. Texas has not adopted a higher state minimum, and the rate has held since 2009.
Texas law preempts local minimum-wage ordinances, so cities and counties cannot set a higher rate. Every restaurant in the state works from the same $7.25 floor.
Tipped wages and the tip credit in Texas
Texas permits the federal tip credit. The minimum cash wage for tipped employees is $2.13 per hour, and the employer may claim a tip credit of up to $5.12 to reach $7.25. If an employee’s tips plus cash wage do not reach $7.25, the employer must make up the difference.
Standard federal tip-pooling rules apply: managers, owners, and supervisors may never keep employee tips, and back-of-house staff can only be included in a mandatory pool if no tip credit is taken and everyone is paid the full minimum wage.
Overtime rules in Texas
Texas follows the federal overtime standard — time-and-a-half for hours over 40 in a workweek — with no state daily overtime requirement.
For tipped employees, overtime is calculated on the full minimum wage before the tip credit is applied, not on the $2.13 cash wage.
Meal and rest breaks in Texas
Texas does not require meal or rest breaks for adult employees; it follows the federal framework, which mandates none. If a restaurant offers short breaks (under 20 minutes), those must be paid, while a bona fide 30-minute-plus meal period can be unpaid if the employee is fully relieved of duty.
Hiring minors at Texas restaurants
Texas does not require a state work permit, though an age certificate must be provided on request for minors under 18. Note that where the stricter federal limits apply, employers must follow them rather than the looser Texas hours.
- Ages 14–15 (Texas law): up to 8 hours/day and 48 hours/week, but not between 10pm and 5am before a school day, or midnight and 5am before a non-school day.
- Federal limits are stricter and control where they apply: 3 hours on a school day, 18 hours in a school week, and hours limited to 7am–7pm (9pm in summer).
- Ages 16–17: no Texas restriction on maximum hours or night work.
- Minors 14–15 may not cook over open flames, bake, or operate power-driven machinery such as meat slicers and grinders; dishwashing and limited tasks are allowed.
Other rules Texas restaurant managers should know
Local minimum-wage preemption
Texas Labor Code §62.0515 prohibits cities and counties from setting a minimum wage above the state and federal rate. Restaurants do not have to track separate local wage floors as they would in California or Washington.
No predictive scheduling
Texas has no Fair Workweek or predictive-scheduling law. Restaurants are not required to post schedules a set number of days in advance or pay predictability premiums.
Stay compliant without the spreadsheet
Sideworks helps Texas restaurant managers schedule staff within budget, track labor cost in real time, and keep opening and closing tasks on record — so wage, break, and overtime rules are easier to honor.