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.
Managing payroll or shift workers in TEXAS?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Texas Fast Food & Counter Worker Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
Managing payroll or shift workers in TEXAS?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
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 Statutory Wage & Overtime Authority
Statutory Legal 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.
Texas Statutory Wage & Overtime FAQs
What is the minimum wage in Texas for 2026? ↓
Under statutory citation Tex. Lab. Code § 62.051, the 2026 minimum wage in Texas is $7.25 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does Texas mandate daily overtime pay? ↓
Texas follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in Texas take a tip credit against wage rates? ↓
Texas permits employers to claim a maximum tip credit of $5.12/hr against tipped staff, requiring a minimum direct cash wage of $2.13/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?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
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.