labor lawAdivision of labor law center

 On July 24, 2008 the Texas minimum wage increased by 70 cents from $5.85 to $6.55 per hour when the federal minimum wage changes.

 

Under Chapter 62 of the Texas Labor Code, known as the Texas Minimum Wage Act, the state minimum wage mirrors the federal minimum wage.  On May 24, 2007 President Bush signed the Fair Minimum Wage Act of 2007 into law. That federal act provided for annual 70-cent increases in the minimum wage. The current increase is the second of three under the law. The federal (and Texas) minimum wage will increase again on July 24, 2009.

 

According to the Texas Workforce Commission or TWC, Chapter 62 also requires employers to provide each employee with a written earnings statement containing information on wages, taxes withheld and other deductions.

 

This is the same law that designates the Texas Workforce Commission as the agency responsible for educating employers and enacts civil penalties for violations of the act.

 

The Texas minimum wage law exempts piece workers in agriculture and a wide variety of employers.

 

Texas has no overtime law on a state level. Instead, most employees are entitled to 1.5 times their usual hourly rate when they work more than 40 hours per week, under federal law. Specifically, the Fair Labor Standards Act or FLSA requires overtime.

 

The FLSA  applies to employers with revenue over $500,000 per year, as well as those who engage in interstate commerce. As one TWC official has pointed out, it is almost impossible to do business in the age of the Internet, email and credit cards without engaging in interstate commerce.

 

The Texas minimum wage law does not prohibit employees from bargaining collectively with their employers for a higher wage. With specified restrictions, employers may count tips and the value of meals and lodging toward minimum wage. An employer need not pay an employee who lives on the business premises for on-call time in addition to assigned working hours. Under certain conditions, a sub-minimum wage may apply to a patient or client of the Texas Department of Mental Health and Mental Retardation or to other individuals due to age or productive impairments.

 

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1. Posted by: Tommy

   Can an employee get a raise on minimum wage if he is paid that way for base ppay and also gets a commission check?

2. Posted by: Amelia

   Hi Tommy! That’s an excellent question! For a complete answer, please post it on our HR forum at http://www.laborlawtalk.com. And, thanks for reading the blogs!~ Amelia