Texas, like that of most of the United States and its territories, uses the Federal minimum wage law for non-exempt employees. The current Federal minimum wage is $5.15 per hour worked, which is duly noted on Texas minimum wage posters. However, it wasn’t until September 1, 2001, when the Texas Legislature passed the current version of the State’s Labor Code (Chapter 62), that they recognized and fully implemented the Federal minimum wage guidelines. Further, this same legislation designated the Texas Workforce Commission to disseminate information about the law and its administration.
By Texas guidelines, this provision applies to both service and retail positions, to include all commercial support service, food and beverage, as well as throughout the health and medical industries. Under the Fair Labor Standards Act (FLSA), other specific exemptions concern employment: by religious, educational, charitable, or nonprofit organizations; professionals, salespersons or public officials; some non-agricultural employers, to name but a few.
The original minimum wage guidelines were created under the Federal Equal Employment Opportunity Commission (EEOC), in the form of the Act called FLSA. The FLSA applies to employees who has been in business at least a year and who exceed $500,000 in revenue. Smaller firms may also have to comply if they have employees who work in transportation or interstate communications businesses.
A lawsuit to recover the back wages, in addition to some liquid damages, as well as court costs and attorney’s fees may be recovered from an employer. However, the employee only has two years from the date that those wages were originally due to be paid. It is the employer’s responsibility to keep current of changing rules and regulations to avoid these types of suits. The Texas Minimum Wage Posters must be clearly visible by all employees. All employers must maintain a current copy of these guidelines at the worksite.