Texas Payday Law: How Often Employers Must Pay

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The answer

Twice a month (non-exempt); monthly (exempt)

Under the Texas Payday Law, employees who are not exempt from FLSA overtime are paid at least twice a month on regularly scheduled paydays, and employees exempt from overtime at least once a month (Tex. Labor Code 61.011). (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

“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.”
Texas Payday Law (U.S. DOL WHD state payday table, footnote 21) · dol.gov · verified Sep 24, 2026

All Texas employer rules

What it means for Texas employers

The dividing line is the federal overtime exemption, not job title or salary alone. The Texas Workforce Commission (TWC) explains that exempt here means meeting the requirements for an FLSA overtime exemption as a salaried executive, administrative or professional employee. Everyone else, including salaried non-exempt staff, is in the twice-a-month group. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

Weekly, biweekly and semimonthly schedules all satisfy the twice-a-month minimum for non-exempt staff. A monthly schedule works only for exempt employees. Pay periods do not have to line up with the FLSA workweek used to count overtime, and changing the pay schedule does not change the workweek. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

Paydays must be posted at the employer's office and at any outlying offices where employees normally gather. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

When a scheduled payday falls on a weekend or holiday when the business is closed, TWC's rule 40 T.A.C. 821.22 reads Labor Code 61.013 to mean the employee may be paid on a business day after the missed payday; the employer is free to pay earlier but is not required to. TWC stresses that this only covers days the company is closed: if the business is open on the payday, employees are paid that day. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

Exceptions and special cases

Changing paydays is allowed. TWC suggests advance written notice listing the last old payday, the first new payday and the next new payday, so the twice-a-month minimum is visibly kept during the transition; it notes no law prescribes exactly how the change must be made. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)
Final pay follows its own deadlines under Labor Code 61.014: an employee who is discharged (TWC treats layoffs and other involuntary separations as discharges) is paid in full no later than the sixth calendar day after discharge; one who quits, resigns or retires is paid no later than the next regularly scheduled payday. (Texas Workforce Commission, Texas Guidebook for Employers: Final Pay)
The Texas minimum wage is $7.25 an hour, adopted from the federal rate by reference. (Texas minimum wage law (U.S. DOL WHD state minimum wage table))

Worked examples

Semimonthly versus biweekly

A semimonthly plan pays on fixed dates such as the 15th and the last day of the month, so pay periods run 13 to 16 days depending on the month. A biweekly plan pays every other Friday, 26 times a year. Both meet the twice-a-month rule for non-exempt staff. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

A payday on Saturday, October 31, 2026

A business closed on weekends is not required to pay on Friday, October 30. Under 40 T.A.C. 821.22 it may pay on the next business day, Monday, November 2, 2026, or earlier if it chooses. (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

A discharge between paydays

An employee paid every other Friday is discharged on Thursday, October 1, 2026. The final pay is due by Wednesday, October 7, 2026, the sixth calendar day after discharge, even if the next regular payday is later. (Texas Workforce Commission, Texas Guidebook for Employers: Final Pay)

How to act on it

Final paycheck deadline calculator (Texas)Compute the sixth-day deadline after a discharge or the next-payday deadline after a resignation.Texas final paycheck lawThe separate deadlines for discharge and resignation.Texas employer rulebookEvery verified Texas rule with its source.Payday laws by stateCompare Texas with Oklahoma, Louisiana, Arkansas and New Mexico.

Payday: Texas and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Pay frequency
Texas	Depends on the case
Oklahoma	Semi-monthly
Louisiana	Depends on the case
Arkansas	Pending verification
New Mexico	Pending verification

Questions about Texas payday rules

Can a Texas employer pay hourly employees once a month?

No. Employees who are not exempt from FLSA overtime are paid at least twice a month on regularly scheduled paydays (Tex. Labor Code 61.011). (Texas Workforce Commission, Texas Guidebook for Employers: Frequency of Pay)

Can salaried managers in Texas be paid monthly?

Yes, if they are exempt from FLSA overtime as executive, administrative or professional employees; exempt employees must be paid at least once a month. (Texas Payday Law (U.S. DOL WHD state payday table, footnote 21))

Do Texas paydays have to be posted?

Yes. TWC says paydays are posted at the employer's office and any outlying offices where employees normally gather.

What if a Texas payday falls on a holiday?

If the business is closed that day, TWC's rule allows payment on a business day after the payday; the employer may pay earlier but does not have to.

The verified rules behind this page (5)

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); verified Sep 24, 2026)
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); verified Sep 24, 2026)
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); verified Sep 24, 2026)
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); verified Sep 24, 2026)
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); verified Sep 24, 2026)

Sources (6)

Checked Sep 24, 2026 · How we verify every rule · Report an error

How often employers must pay in Texas