LABOR CODE
CHAPTER 62. MINIMUM WAGE
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.001. SHORT TITLE. This chapter may be cited as the
Texas Minimum Wage Act.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.002. DEFINITIONS. In this chapter, unless the
context requires a different definition:
(1) "Agricultural piece rate worker" means a person:
(A) who is employed as a hand harvest laborer in
agriculture; and
(B) whose pay is computed on a piece rate in an
operation for which the pay has been and is customarily and
generally recognized as having been computed on a piece rate in the
region of employment.
(2) "Agriculture" includes:
(A) farming in all its branches;
(B) cultivating and tilling the soil;
(C) dairying;
(D) producing, cultivating, growing, and
harvesting an agricultural or horticultural commodity, including a
commodity defined as an agricultural commodity by Section 15(g),
Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
(E) raising livestock, bees, fur-bearing
animals, or poultry; and
(F) any practice performed by a farmer or on a
farm as an incident to or in conjunction with farming operations,
including:
(i) forestry or lumber operations;
(ii) preparation for market; and
(iii) delivery to storage, market, or a
carrier for transportation to market.
(3) "Commission" means the Texas Employment
Commission.
(4) "Employ" includes to permit to work.
(5) "Employee" includes any individual employed by an
employer.
(6) "Employer" includes a person acting directly or
indirectly in the interest of an employer in relation to an
employee.
(7) "Person" means an individual, partnership,
association, corporation, business trust, legal representative, or
any organized group of persons.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.003. EARNINGS STATEMENT. (a) At the end of each
pay period, an employer shall give each employee a written earnings
statement covering the pay period.
(b) An earnings statement must be signed by the employer or
the employer's agent and must show:
(1) the name of the employee;
(2) the rate of pay;
(3) the total amount of pay earned by the employee
during the pay period;
(4) any deduction made from the employee's pay and the
purpose of the deduction;
(5) the amount of pay after all deductions are made;
and
(6) the total number of:
(A) hours worked by the employee if the
employee's pay is computed by the hour; or
(B) units produced by the employee during the pay
period if the employee's pay is computed on a piece rate
(c) An earnings statement may be in any form determined by
the employer. The information required by Subsection (b) may be
stated on a check voucher or bank draft given to an employee for the
employee's wages.
(d) In this section, "pay period" means the period that an
employee works for which salary or wages are regularly paid under
the employee's employment agreement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2003, 78th Leg., ch. 461, § 1, eff. Sept. 1, 2003.
§ 62.004. PROVISION OF INFORMATION. The commission
shall provide information to the public about this chapter to
ensure that both employers and employees in this state are fully
aware of:
(1) their respective rights and responsibilities;
(2) the specified exemptions; and
(3) the penalties and liabilities that may be incurred
for a violation of this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.005. COLLECTIVE BARGAINING NOT IMPAIRED. This
chapter does not interfere with or in any way diminish the right of
employees to bargain collectively with their employer through
representatives chosen by the employees to establish wages that
exceed the applicable minimum wage under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. MINIMUM WAGE
§ 62.051. MINIMUM WAGE. Except as provided by Section
62.057, an employer shall pay to each employee the federal minimum
wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C.
Section 206).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2001, 77th Leg., ch. 386, § 1, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 461, § 2, eff. Sept. 1, 2003.
§ 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN
GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL
ENTITIES. (a) Except as otherwise provided by this section, the
minimum wage provided by this chapter supersedes a wage established
in an ordinance, order, or charter provision governing wages in
private employment, other than wages under a public contract.
(b) This section does not apply to any state or federal job
training or workforce development program.
(c) This section does not apply to a minimum wage
established by a governmental entity that applies to a contract or
agreement, including a non-annexation agreement, entered into by a
governmental entity and a private entity. A private entity that
enters into a contract or agreement, including a non-annexation
agreement, with a governmental entity, under the terms of which the
private entity agrees to comply with a minimum wage established by
the governmental entity, is subject to the terms of that contract or
agreement, and those terms apply to and may be enforced against a
general contractor, subcontractor, developer, and other person
with which the private entity contracts in order to comply with the
provisions of the original contract or agreement.
(d) For purposes of this section, "governmental entity"
includes a municipality, a county, a special district or authority,
a junior college district, or another political subdivision of this
state.
Added by Acts 2003, 78th Leg., ch. 461, § 3, eff. Sept. 1, 2003.
§ 62.052. TIPPED EMPLOYEES. (a) In determining the
wage of a tipped employee, the amount paid the employee by the
employer is the amount described as paid to a tipped employee under
Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section
203(m)).
(b) In this section, "tipped employee" means an employee
engaged in an occupation in which the employee customarily and
regularly receives more than $20 a month in tips.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2001, 77th Leg., ch. 386, § 2, eff. Sept. 1, 2001.
§ 62.053. COST OF MEALS OR LODGING. In computing the
wage paid to an employee, an employer may include the reasonable
cost to the employer of furnishing meals, lodging, or both to the
employee if:
(1) meals or lodging customarily are furnished by the
employer to employees; and
(2) the cost of the meals and lodging are separately
stated and identified in the earnings statement furnished to the
employee under Section 62.003.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL. An
employer may not be required to pay an employee who lives on the
premises of a business and who is assigned certain working hours
plus additional hours when the employee is subject to call for more
than the number of hours the employee actually works or is on duty
because of assigned working hours.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF
MENTAL HEALTH AND MENTAL RETARDATION. (a) A person may be
compensated for services rendered to the Texas Department of Mental
Health and Mental Retardation or a department facility at a
percentage of the base wage adopted under this section if:
(1) the person is a patient or client of a department
facility;
(2) the person's productive capacity is impaired;
(3) the person:
(A) assists in the operation of the facility as
part of the person's therapy; or
(B) receives occupational training in a
sheltered workshop or other program operated by the department;
and
(4) the facility or department derives an economic
benefit from the person's services.
(b) The percentage of the base wage paid to a person under
Subsection (a) must correspond to the percentage of the person's
productive capacity compared with the capacity of an employee who
performs the same or similar tasks and who is not similarly
impaired.
(c) The department shall adopt rules to determine the base
wage and the percentage of productive capacity of the patients and
clients and other rules necessary to implement this section.
(d) Services rendered and payment provided under this
section may not be construed as creating an employer-employee
relationship between the department and the patient or client
engaged in occupational training or therapeutic or rehabilitative
services.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS
§ 62.101. DEFINITION. In this subchapter,
"commissioner" means the commissioner of agriculture.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE
WORKERS. (a) A person employed as an agricultural piece rate
worker to harvest a commodity for which a piece rate has been
established by the commissioner under this subchapter is entitled
to receive not less than the minimum hourly wage established under
Section 62.051.
(b) Section 62.051 applies to an employer employing a hand
harvest laborer to harvest a commodity for which a piece rate has
not been established.
(c) An employer may not pay an agricultural piece rate
worker at a piece rate less than the rate determined by the
commissioner under Section 62.103.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.103. PIECE RATE DETERMINED BY
COMMISSIONER. (a) The commissioner shall determine a piece rate
for each agricultural commodity that is commercially produced in
substantial quantity in this state.
(b) For each agricultural commodity, the piece rate must be
equivalent to the minimum hourly wage for other agricultural
workers, as provided by Section 62.051, so that when payment by unit
of production is applied to a worker of average ability and
diligence in harvesting the commodity, the worker receives an
amount equal to the minimum hourly wage for other agricultural
workers.
(c) If an agricultural piece rate worker harvests more than
the number of units of a particular commodity that would provide the
established minimum wage, the worker shall be paid for the total
number of units of production that the worker harvests.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.104. COLLECTION OF INFORMATION. (a) The
commissioner shall collect sufficient information about the actual
productivity of hand harvesters of agricultural commodities in this
state to reasonably determine a piece rate for each commodity.
(b) The commissioner shall retain all information used for
determining a piece rate while the piece rate is in effect.
(c) All information used for determining a piece rate shall
be available for public inspection.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.105. COMPUTATION OF PIECE RATE. (a) From the
information collected under Section 62.104, the average hourly
productivity of hand harvest laborers for each agricultural
commodity commercially produced in substantial quantity in this
state shall be computed and expressed in:
(1) units of the commodity; or
(2) units of weight or measure customarily used in
regard to the commodity.
(b) The piece rate established by the commissioner for a
commodity must equal the minimum wage for agricultural workers
under Section 62.051 divided by the average hourly production of
hand harvesters of the commodity, rounded to the nearest cent.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.106. HEARINGS. (a) Before issuing an order
establishing a piece rate, the commissioner or a person designated
by the commissioner shall hold a public hearing at which the
proposed rate and the information from which the rate is determined
shall be presented.
(b) Agricultural employers and employees or their
representatives shall be given a reasonable opportunity to be heard
and to protest the establishment of a proposed rate.
(c) After a hearing, the commissioner may modify a proposed
rate before finally establishing the rate.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.107. ORDER ESTABLISHING PIECE RATE. (a) An order
of the commissioner establishing or modifying a piece rate may not
take effect before the 31st day after the date the order is issued.
(b) Each order establishing a piece rate shall be kept on
file in the commissioner's office in Austin, Texas.
(c) The commissioner shall furnish a copy of each order
establishing a piece rate to the Texas Workforce Commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2003, 78th Leg., ch. 817, § 10.12, eff. Sept. 1, 2003.
§ 62.108. RULES. The commissioner may adopt rules
necessary for the proper administration of this subchapter,
including procedures for giving notice of and conducting hearings.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.109. APPEAL OF COMMISSIONER'S
DECISION. (a) Unless set aside by a judgment of a court of
competent jurisdiction, the commissioner's decision establishing a
piece rate is final and binding on all parties subject to this
chapter.
(b) If a piece rate for a commodity is set aside by final
judgment of a court of competent jurisdiction, the minimum hourly
wage provided by Section 62.051 applies to harvesting the commodity
until a valid piece rate is established.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.110. CHANGE IN PIECE RATE. A new piece rate may be
established for a commodity in the manner provided for the
establishment of an initial piece rate at any time the information
available to the commissioner indicates a substantial change in
condition.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.111. ANNUAL REVIEW OF PIECE RATES. The
commissioner shall review each piece rate at least annually and
shall determine if a new piece rate is needed.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.112. PIECE RATE FOR CERTAIN COMMODITIES
PROHIBITED. (a) A piece rate may not be established for
harvesting of a commodity if, in the commissioner's judgment:
(1) sufficient information is not available for
determining the average hourly productivity of hand harvesters of
the commodity; or
(2) the commodity is not commercially produced in this
state in sufficient quantity to justify establishing a piece rate.
(b) The commissioner's decision not to establish a piece
rate for a particular commodity does not preclude the subsequent
establishment of a piece rate for the commodity when, in the
commissioner's judgment:
(1) sufficient information is available; and
(2) the quantity of production of the commodity
justifies establishing a piece rate.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.113. APPLICATION TO DIRECT EMPLOYMENT AND CONTRACT
LABOR. This subchapter applies to:
(1) a person directly employed by an owner, operator,
or manager of a farm; and
(2) a person whose services to perform agricultural
labor are furnished to an employer by someone other than the
laborer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.114. SUSPENSION OF PIECE RATE. The commissioner by
order may suspend a piece rate in a specified area for not more than
30 days in an emergency caused by:
(1) a flood, hurricane, or other natural disaster; or
(2) any occurrence that may result in the excessive
loss of agricultural products.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. EXEMPTIONS
§ 62.151. PERSON COVERED BY FEDERAL ACT. This chapter
and a municipal ordinance or charter provision governing wages in
private employment, other than wages under a public contract, do
not apply to a person covered by the Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2003, 78th Leg., ch. 461, § 4, eff. Sept. 1, 2003.
§ 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL,
CHARITABLE, OR NONPROFIT ORGANIZATION. An employer is exempt from
this chapter with respect to the employment of a person who is:
(1) a member of a religious order while the person is
performing a service for or at the direction of the order;
(2) a duly ordained, commissioned, or licensed
minister, priest, rabbi, sexton, or Christian Science reader while
the person is performing services in that capacity for a church,
synagogue, or religious organization;
(3) engaged in the activities of a religious,
educational, charitable, or nonprofit organization in which:
(A) the employer-employee relationship does not
in fact exist; or
(B) the services are rendered to the organization
gratuitously;
(4) employed by the Boy Scouts of America, the Girl
Scouts of America, or a local organization affiliated with those
organizations;
(5) employed by a camp of a religious, educational,
charitable, or nonprofit organization; or
(6) employed with the person's spouse by a nonprofit
educational institution to serve as the parents of a child:
(A) who is an orphan;
(B) one of whose natural parents is deceased; or
(C) who is enrolled in and resides in residential
facilities of the institution, if the employee and the employee's
spouse:
(i) reside in residential facilities of the
institution; and
(ii) receive, without cost, board and
lodging from the institution.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS,
SALESPERSONS, AND PUBLIC OFFICIALS. An employer is exempt from
this chapter with respect to the employment of a person:
(1) employed in a bona fide executive, administrative,
or professional capacity;
(2) employed as an outside salesperson or collector
and paid a commission; or
(3) who performs services for a political subdivision
as an elected official or as a member of a legislative body.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.154. DOMESTIC EMPLOYMENT. An employer is exempt
from this chapter with respect to the employment of a person who:
(1) performs domestic services in or about a private
home, including a person who performs the duties of baby-sitting in
or out of the employer's home; or
(2) lives in or about a private home and furnishes
personal care for a resident of the home.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS. An
employer is exempt from this chapter with respect to the employment
of a person who:
(1) is less than 18 years of age and is not a high
school graduate or a graduate of a vocational training program,
other than a person who is employed in agriculture and whose pay is
computed on a piece rate;
(2) is less than 20 years of age and is a student
regularly enrolled in a high school, college, university, or
vocational training program, other than a person who is employed in
agriculture and whose pay is computed on a piece rate; or
(3) has a disability and who is:
(A) not more than 21 years of age;
(B) a client of vocational rehabilitation; and
(C) participating in a cooperative school-work
program.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.156. EMPLOYMENT OF INMATES. An employer is exempt
from this chapter with respect to the employment of a person who
performs services while imprisoned in the institutional division of
the Texas Department of Criminal Justice or while confined in a
local jail.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS. An
employer is exempt from this chapter with respect to employment of
the employer's brother, sister, brother-in-law, sister-in-law,
child, spouse, parent, son-in-law, daughter-in-law, ward, or
person in loco parentis to the employee.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.158. CERTAIN AMUSEMENT AND RECREATIONAL
ESTABLISHMENTS. An employer is exempt from this chapter with
respect to employment in an amusement or recreational establishment
that:
(1) does not operate for more than seven months in a
calendar year; or
(2) had average receipts for any six months of the
preceding calendar year of not more than 33-1/3 percent of its
average receipts for the other six months of the year.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO
UNEMPLOYMENT COMPENSATION FUND; CERTIFICATE. (a) An employer
that is not liable for payment of contributions to the unemployment
compensation fund under Subtitle A, Title 4, is exempt from this
chapter, except with respect to employment of a person in
agriculture.
(b) The commission shall furnish a certificate stating
whether a specified employer is liable for the payment of
contributions to the unemployment compensation fund under Subtitle
A, Title 4, to a person making a written request for a certificate.
The commission may require payment of a fee not to exceed $5 for the
issuance of the certificate.
(c) A certificate issued under this section is admissible in
evidence in an action brought by an employee under Subchapter E. In
the absence of evidence to the contrary:
(1) it is presumed that the facts stated in the
certificate are true; and
(2) the certificate is conclusive as to whether the
named employer is exempt from this chapter under this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.16, eff. Sept. 1, 1995.
§ 62.160. AGRICULTURAL EXEMPTIONS. (a) An employer is
exempt from this chapter with respect to employment of a person in
dairy farming.
(b) Sections 62.051-62.054 and Subchapter C do not apply to
an agricultural employer with respect to an employee engaged in the
production of livestock.
(c) In this section, "production of livestock" includes:
(1) any livestock operation, without regard to size or
type of location, in which the land produces forage or feedstuffs,
including naturally or artificially revegetated forage or
feedstuffs;
(2) breeding, feeding, watering, containing,
maintaining, and caring for livestock;
(3) production of livestock in feedlots; and
(4) all other activities necessary or useful to the
raising of livestock.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.161. SHELTERED WORKSHOPS. A nonprofit charitable
organization that is engaged in evaluating, training, and
employment services for clients with disabilities and that complies
with federal regulations covering those activities is considered to
have complied with this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. CIVIL PENALTY
§ 62.201. CIVIL PENALTY. An employer who violates
Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable
to an affected employee in the amount of the unpaid wages plus an
additional equal amount as liquidated damages.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2003, 78th Leg., ch. 461, § 5, eff. Sept. 1, 2003.
§ 62.202. LIMITATIONS. An action to recover a liability
imposed by this subchapter must be brought not later than the second
anniversary of the date on which the unpaid wages are due and
payable.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.203. PLAINTIFFS. (a) An action to recover a
liability under this subchapter may be brought by an employee for
that employee and other similarly affected employees.
(b) An employee may not be a plaintiff to an action brought
under this subchapter unless:
(1) the employee consents in writing; and
(2) the consent is filed in the court in which the
action is brought.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.204. REQUIRED FINDINGS. At the trial of an action
brought under this subchapter, the plaintiff recovers if the jury
or the court finds from a preponderance of the evidence that:
(1) the plaintiff is or has been employed by the
defendant at any time during the two years preceding the
institution of the action;
(2) the original petition filed by or on behalf of the
plaintiff is verified; and
(3) the defendant failed to pay the plaintiff the
minimum wage under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 62.205. ATTORNEY'S FEES; COSTS. In addition to a
judgment awarded to the plaintiff, the court shall allow reasonable
attorney's fees and costs of the action to be paid by the defendant.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
