Texas Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under Tex. Lab. Code § 62.051.
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In Texas, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $7.25/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under Tex. Lab. Code § 62.051.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in Texas
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
Texas Labor Code & FLSA Authority
Statutory Citation: Tex. Lab. Code § 62.051
Texas adopts the federal FLSA statutory minimum wage of $7.25/hr ($2.13 tipped rate). Overtime is required at 1.5x regular pay for hours worked over 40 per workweek under Tex. Lab. Code § 62.051.
Employee Statutory Rights (TX)
- ✓ Federal FLSA $7.25/hr statutory minimum wage protection.
- ✓ 1.5x regular rate of pay for hours worked over 40 per workweek.
- ✓ Protection from unlawful wage deductions under Texas Payday Law.
Employer Mandatory Obligations (TX)
- § Pay non-exempt staff at least semi-monthly (or monthly for exempt administrative personnel).
- § Pay final wages within 6 days of discharge or next regular payday for resignation.
- § Reimburse tip credit shortfalls below $7.25/hr.
Common Texas Payroll Compliance Traps & Audit Penalties
Failing to pay final paycheck within 6 days of employee discharge.
Making unauthorized wage deductions without signed employee consent.
Failing to make up tip credit shortfalls.
Managing payroll or shift workers in Texas?
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Audit Texas Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in Texas.