Texas employment rules for employers

Texas minimum wage is $7.25 per hour; the state adopts the federal minimum wage rate by reference. (Texas minimum wage law (U.S. DOL WHD state minimum wage table))

“Texas Basic Minimum Rate (per hour): $7.25”

“federal minimum wage is $7.25 per hour (it is the same level under Texas state law)”

dol.gov · efte.twc.texas.gov

• Exempt employees: Employees exempt from FLSA overtime must be paid at least once a month. (Texas Payday Law (U.S. DOL WHD state payday table, footnote 21))

  “21 Texas. Each employee who is exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) must be paid at least once a month; others must be paid at least twice a month.”

  “the TPL requires employers to pay non-exempt employees at least twice per month on regularly scheduled paydays, and exempt employees at least once per month (section 61.011).”

  dol.gov · efte.twc.texas.gov · verified Sep 24, 2026 · 2 official sources

• Non exempt employees: Employees who are not exempt from FLSA overtime must be paid at least twice a month on regularly scheduled paydays. (Texas Payday Law (U.S. DOL WHD state payday table, footnote 21))

  “21 Texas. Each employee who is exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) must be paid at least once a month; others must be paid at least twice a month.”

  “the TPL requires employers to pay non-exempt employees at least twice per month on regularly scheduled paydays, and exempt employees at least once per month (section 61.011).”

  dol.gov · efte.twc.texas.gov · verified Sep 24, 2026 · 2 official sources

No state meal break requirement for adult employees in private employment. (U.S. DOL WHD table of state meal period requirements (Texas not listed))

“Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector”

“neither the FLSA nor Texas law requires employers to give breaks during the workday”

dol.gov · efte.twc.texas.gov

No state paid rest break requirement for adult employees in private employment. (U.S. DOL WHD table of state paid rest period requirements (footnote 1; Texas not listed))

“1 States not listed do not require paid rest periods.”

“neither the FLSA nor Texas law requires employers to give breaks during the workday”

dol.gov · efte.twc.texas.gov

An employee who is discharged must be paid in full not later than the sixth calendar day after discharge. (Texas Labor Code § 61.014(a))

“Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.”

“If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge.”

tcss.legis.texas.gov · efte.twc.texas.gov

An employee who leaves employment other than by discharge (quits, resigns, retires) must be paid in full not later than the next regularly scheduled payday. (Texas Labor Code § 61.014(b))

“(b) An employer shall pay in full an employee who leaves employment other than by discharge not later than the next regularly scheduled payday.”

“If the employee quits, retires, resigns, or otherwise leaves employment voluntarily, the final pay is due on the next regularly-scheduled payday following the effective date of resignation.”

tcss.legis.texas.gov · efte.twc.texas.gov

Texas requires a payout of accrued leave only if the employer promised it in a written policy or agreement, and the payout is controlled by the wording of that policy. Vacation pay owed under a written agreement or written policy counts as wages under the Texas Payday Law. With no such policy, no payout is owed. (Texas Workforce Commission, Accrued Leave Payouts)

“Payouts of accrued leave are required under the Texas Payday Law only if such a payment is promised by the employer in a written policy or agreement. The payout would be controlled by the wording of the policy or agreement. If no such policy exists, the company would not owe such a payment.”

“(B) vacation pay, holiday pay, sick leave pay, parental leave pay, or severance pay owed to an employee under a written agreement with the employer or under a written policy of the employer.”

efte.twc.texas.gov · tcss.legis.texas.gov

No Texas law requires private-sector employers to provide paid sick leave; if sick leave is promised in a written policy or agreement it is enforceable as wages under the Texas Payday Law. (Texas Workforce Commission, Especially for Texas Employers: Vacation and Sick Leave)

“No current Texas or federal law requires private-sector employers to provide paid or unpaid leave of any kind, although some amount of unpaid leave may be necessary as a reasonable accommodation in the event of a disability, pregnancy, or other condition protected under a specific statute.”

“As stated above, no law in Texas requires employers to provide paid vacation or sick leave.”

efte.twc.texas.gov · efte.twc.texas.gov

Texas recognizes only a very narrow public-policy exception (Sabine Pilot Service, Inc. v. Hauck): an employer may not fire an employee for refusing to perform an illegal act. (Texas Workforce Commission, Texas Guidebook for Employers (2024), Outline of Employment Law Issues)

“Exceptions: other than statutes and express agreements, the only significant exception to employment at will is the “public policy” exception, i.e., no termination or adverse job action against an employee in retaliation for the employee having refused to commit a criminal act on the employer’s behalf.”

“Sabine Pilot Service, Inc. v. Hauck, in which the Texas Supreme Court allowed an employee to assert wrongful discharge for refusal to perform an illegal act, thereby creating a “very narrow exception” to the general doctrine that employees-at-will can be discharged at any time for any reason.”

efte.twc.texas.gov · ca5.uscourts.gov

Texas employers do not have to give a departing employee a termination or service letter or an explanation of the reasons for discharge, based on a 1914 Texas Supreme Court ruling that struck down the old service letter statute. (Texas Workforce Commission, Texas Guidebook for Employers (2024), Exit Interviews / Notice of Discharge)

“• In Texas, an employer does not have to give a departing employee a termination notice or letter, or a letter of recommendation, based on a 1914 Texas Supreme Court ruling in the case of St. Louis Southwestern Railway Co. of Texas v. Griffin, 171 S.W. 703 (Tex.1914).”

“Most states, including Texas, do not require an employer to give an explanation of the reason or reasons for discharge, and an employee is not required to give an explanation for a resignation”

efte.twc.texas.gov · efte.twc.texas.gov

Texas does not require a general separation notice or 'pink slip', but an employer must give a departing employee a notice of their right to file an unemployment claim; an official sample is included in the required TWC poster for unemployment insurance and the Texas Payday Law. (Texas Workforce Commission, Texas Business Today: Exit Interviews - Notice of Discharge)

“However, an employer must give a departing employee a notice of their right to file an unemployment claim (an official sample is included at the bottom of the required TWC poster for unemployment insurance and the Texas Payday Law”

“However, an employer must give a departing employee a notice of their right to file an unemployment claim (an official sample is included”

efte.twc.texas.gov · efte.twc.texas.gov