Before proceeding, please review the legal disclaimer.
Working as a waitress in Texas isn’t just about carrying trays—it’s about multitasking, customer service, and doing it all with a smile. But too often, tipped workers like waitresses are underpaid, misinformed, or taken advantage of when it comes to their legal pay.
If you’re wondering what the minimum wage for a waitress in Texas really is—or whether your paycheck is legal—you’re not alone.
At The Lange Firm, we help restaurant employees, servers, bartenders, and other tipped workers across Texas understand their wage rights and fight back when they’re underpaid or mistreated. In this guide, we’ll break down the current minimum wage laws for waitresses, how tips factor in, and what to do if you think your employer is violating the law.
In Texas, the state minimum wage is $7.25 per hour, which matches the federal minimum wage.
However, for tipped employees—like waitresses—the employer is only required to pay $2.13 per hour in direct wages if the employee’s tips make up the difference.
If your tips don’t bring your total hourly earnings up to $7.25, your employer must make up the difference.
The tip credit is the portion of the minimum wage that your employer does not have to pay you directly—because it’s assumed that you’ll earn that amount in customer tips.
But here’s the catch: employers can only take the tip credit if:
📌 If any of those conditions aren’t met, you must be paid the full $7.25/hour, not just $2.13/hour.
Sarah works 30 hours/week as a waitress. Her hourly wage is $2.13. She earns $300 in tips that week.
Maria works 30 hours and earns only $100 in tips.
Your employer must pay the difference.
If you make less than $7.25/hour after tips, your employer is legally required to:
Failure to do so violates the Fair Labor Standards Act (FLSA)—and may entitle you to back pay, damages, and attorney’s fees.
Yes, tip pooling is legal under Texas and federal law—with conditions.
Tip pooling involves sharing tips with other employees who contribute to the service experience. For example:
📌 You cannot be forced to give up more than a reasonable percentage of your tips in a tip pool.
No. Employers in Texas cannot:
Doing so is wage theft, and it’s illegal.
These actions may entitle you to 2× back pay and legal fees under the FLSA.
Use this formula:
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(total tips + base wage) ÷ hours worked = actual hourly wage
You worked 25 hours last week
If your number is below $7.25/hour, your employer owes you money.
If you suspect a wage violation:
Mistakes happen—but if the response is dismissive or evasive, move to Step 3.
At The Lange Firm, we help you recover unpaid wages, file a complaint, or pursue a lawsuit if necessary.
We represent waitresses, bartenders, servers, and other hospitality workers across Texas in:
We’ll help you calculate what you’re owed and take legal action if necessary—all with respect and confidentiality.
📞 Schedule a free consultation today to protect your paycheck and your rights.
So, what is the minimum wage for a waitress in Texas?
✅ It’s $7.25/hour—but your employer can pay $2.13/hour only if your tips bring you up to $7.25. If they don’t, they must make up the difference.
If you’re being shorted, pressured, or misinformed about your pay, The Lange Firm is here to help.
Don’t let wage theft go unchecked. Stand up for your rights—and let us stand with you.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.