Texas Worker Rights
Texas mostly follows federal labor law, but a few Texas rules are very different from other states, especially workers’ compensation.
- Texas
Pay
- Minimum wage: the federal $7.25. Cities can’t set a higher private-sector minimum.
- Overtime: federal rules (1.5x over 40 hours a week). No daily overtime.
- Texas Payday Law: employers must pay at least twice a month (monthly for some exempt employees) and on regular paydays.
- Final pay: within 6 calendar days if you’re fired or laid off; by the next regular payday if you quit.
- Wage claims: filed with the Texas Workforce Commission (TWC), generally within 180 days of when the wages were due. You can also go to the federal DOL.
- Texas has a prevailing wage law for public works.
Workers’ compensation is optional
- Texas is the only state where most private employers can choose not to carry workers’ comp. These employers are called nonsubscribers.
- Employers must tell you whether they have coverage.
- If your employer is a nonsubscriber, you may be able to sue for a work injury caused by negligence, and the employer loses some legal defenses.
- Contractors on government construction projects must provide workers’ comp coverage.
Heat and breaks
Texas has no state heat illness rule or required rest breaks for adults, and a 2023 state law limits cities from requiring water breaks for construction workers. Federal OSHA still expects employers to protect you from heat. See Heat Illness Prevention.
Safety
Texas has no state OSHA plan. Federal OSHA covers private employers. See States Covered by Federal OSHA.
Standards & references
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