PaidFairTip pooling and tip credit laws in Texas
Reviewed September 25, 2026 · General information, not legal advice · Rates verified against the Texas Workforce Commission
Texas follows the federal floor exactly: $7.25 minimum wage, $2.13 tipped cash wage, and a maximum tip credit of $5.12.
Managers, supervisors, and owners may never share in a mandatory tip pool — that rule is federal and applies in every state. Where a tip credit is taken, the pool is limited to customarily tipped front-of-house employees.
The numbers
- Minimum wage
- $7.25State rate
- Tipped cash wage
- $2.13Before tips
- Max tip credit
- $5.12Per hour
These figures are as of January 1, 2026 and change — most often each January. Before you rely on a number, confirm it at the source: Texas Workforce Commission →
Who can be in the tip pool
| Who | In a mandatory pool? | Why |
|---|---|---|
| Servers, bartenders, bussers, runners | Yes | Customarily and regularly tipped employees. |
| Cooks, dishwashers, prep (back of house) | Not while a tip credit is taken | A tip credit is being taken, which limits the pool to customarily tipped staff. |
| Managers, supervisors, owners | Never | Prohibited by the FLSA nationwide, regardless of how much tipped work they do. |
What's different in Texas
- Texas has not set a minimum wage above the federal rate, so the FLSA rules apply directly.
- Where the $5.12 tip credit is taken, the tip pool is limited to customarily tipped front-of-house employees — cooks and dishwashers may not be included.
- If a Texas employer pays the full $7.25 in cash wages and takes no tip credit, a broader pool including back-of-house becomes permissible under the 2021 federal rule.
- Managers and supervisors may never share in a mandatory tip pool, regardless of the wage structure.
- An employer must give advance notice before taking a tip credit.
Service charges are not tips
Under the FLSA, a mandatory service charge is not a tip. It is the employer's revenue, and any portion paid to employees counts as wages — which affects overtime regular-rate calculations.
This trips people up constantly: a mandatory charge — a party-of-eight auto-gratuity, a banquet fee, a delivery charge — is generally not a tip under federal law. Any part of it paid to employees is wages, which changes overtime math and payroll treatment. If you are running both tips and service charges, keep them in separate columns.
The federal floor, everywhere
State law sits on top of the federal Fair Labor Standards Act. Three federal rules apply in Texas no matter what:
- Tips belong to the employee. The employer cannot keep them, and cannot use them for anything but a valid pool or a lawful tip credit.
- Managers and supervisors are always out of the pool. No exceptions for owner-operators who work the floor.
- Taking a tip credit narrows the pool. Pay the full minimum wage in cash and back-of-house may be included; take the credit and it may not.
Federal baseline as of January 1, 2026: $7.25 minimum wage, $2.13 tipped cash wage, $5.12 maximum tip credit. Source: U.S. DOL Fact Sheet #15.
What actually protects you: the record
Almost every tip dispute — and almost all of the real legal exposure — comes down to the same thing. Not the percentage. Whether you can show who was working, what was counted, and how it was split. Employers carry the burden of showing that a tipped employee's wages plus tips reached the full minimum wage, and a shoebox of till slips does not do that.
How PaidFair helps. It keeps a per-person record of every tip count and every split, weighted by the minutes each person was actually on the clock, with the arithmetic shown and reconciled to the exact cent. It exports clean hours and tips for payroll. It is your record of what happened — not legal advice, and not a compliance guarantee.
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Sources and where to confirm
- Texas Workforce Commission — the authority for Texas wage and tip rules.
- U.S. DOL Fact Sheet #15 — federal rules for tipped employees.
- U.S. DOL — minimum wages for tipped employees by state — the federal side-by-side table.
This is general information, not legal advice. Wage and hour law changes, local ordinances can override state rates, and how these rules apply depends on facts specific to your business. Confirm anything you plan to act on with the Texas Workforce Commission and an employment attorney licensed in Texas.
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