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Minimum Wage for Waitress in Texas: Know Your Rights as a Tipped Worker

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.

Table of Contents

• What Is the Minimum Wage for a Waitress in Texas?
  
  
• What Is the Tip Credit in Texas?
  
  
• How Tip Credits Work: A Breakdown
  
  
• What Happens If You Don’t Make Enough Tips?
  
  
• Are Tip Pools Legal in Texas?
  
  
• Can Your Employer Deduct from Your Tips?
  
  
• Common Violations Against Waitresses in Texas
  
  
• How to Calculate Your Real Hourly Pay
  
  
• What to Do If You’re Underpaid
  
  
• How The Lange Firm Helps Tipped Workers
  
  
• Final Thoughts
  
  
• Related Blogs for Further Reading
  
  

What Is the Minimum Wage for a Waitress in Texas?

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.

🧾 The Math:

• $2.13/hour (cash wage from employer)
  
  
• $5.12/hour (minimum required in tips)
  
  
• $7.25/hour total (legal minimum wage)
  
  

If your tips don’t bring your total hourly earnings up to $7.25, your employer must make up the difference.

What Is the Tip Credit in Texas?

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.

🔹 In Texas:

• Tip credit = $5.12/hour
  
  
• Employer’s minimum obligation = $2.13/hour
  
  

But here’s the catch: employers can only take the tip credit if:

• You regularly receive at least $30/month in tips
  
  
• You’ve been informed in writing about the tip credit rules
  
  
• Your tips actually bring your total wage to $7.25/hour or more
  
  

📌 If any of those conditions aren’t met, you must be paid the full $7.25/hour, not just $2.13/hour.

How Tip Credits Work: A Breakdown

✅ Example: Legal Pay

Sarah works 30 hours/week as a waitress. Her hourly wage is $2.13. She earns $300 in tips that week.

• $2.13 × 30 = $63.90 (employer’s cash wage)
  
  
• Tips = $300
  
  
• Total earnings = $363.90
  
  
• Effective hourly wage = $363.90 ÷ 30 = $12.13/hour
  ✅ Above minimum wage. Legal.
  
  

❌ Example: Illegal Underpayment

Maria works 30 hours and earns only $100 in tips.

• $2.13 × 30 = $63.90
  
  
• Tips = $100
  
  
• Total = $163.90
  
  
• Effective hourly wage = $163.90 ÷ 30 = $5.46/hour
  ❌ Below minimum wage. Employer must pay her an extra $53.60 to meet the $7.25/hr requirement.
  
  

What Happens If You Don’t Make Enough Tips?

Your employer must pay the difference.
If you make less than $7.25/hour after tips, your employer is legally required to:

• Review your hours and tip earnings
  
  
• Pay the shortfall out of pocket
  
  
• Ensure your total hourly wage meets federal law
  
  

Failure to do so violates the Fair Labor Standards Act (FLSA)—and may entitle you to back pay, damages, and attorney’s fees.

Are Tip Pools Legal in Texas?

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:

• Bussers
  
  
• Hosts
  
  
• Food runners
  
  

⚠️ Illegal Tip Pools:

• Including managers, supervisors, or owners
  
  
• Using tips to fund payroll or other expenses
  
  
• Failing to tell you about the tip pool in advance
  
  

📌 You cannot be forced to give up more than a reasonable percentage of your tips in a tip pool.

Can Your Employer Deduct from Your Tips?

No. Employers in Texas cannot:

• Take your tips to pay for broken dishes or walkouts
  
  
• Deduct tips for uniforms or register shortages
  
  
• Withhold tips for being late or making mistakes
  
  
• Force you to share with management
  
  

Doing so is wage theft, and it’s illegal.

Common Violations Against Waitresses in Texas

• Paying only $2.13/hour without tracking tips
  
  
• Not making up the difference when tips fall short
  
  
• Forcing illegal tip sharing with managers
  
  
• Requiring off-the-clock work without pay
  
  
• Failing to pay for meetings or training
  
  
• Taking deductions for uniforms or meals
  
  
• Retaliating against employees who complain
  
  

These actions may entitle you to 2× back pay and legal fees under the FLSA.

How to Calculate Your Real Hourly Pay

Use this formula:

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(total tips + base wage) ÷ hours worked = actual hourly wage

✅ Example:

You worked 25 hours last week

• Base wage = $2.13 × 25 = $53.25
  
  
• Tips = $140
  
  
• Total = $193.25
  
  
• Actual wage = $193.25 ÷ 25 = $7.73/hour
  ✅ You’re above the minimum wage
  
  

If your number is below $7.25/hour, your employer owes you money.

What to Do If You’re Underpaid

If you suspect a wage violation:

Step 1: Document everything

• Pay stubs
  
  
• Schedules
  
  
• Tip logs
  
  
• Any deductions or “walkout” charges
  
  

Step 2: Ask your employer for clarification

Mistakes happen—but if the response is dismissive or evasive, move to Step 3.

Step 3: Contact a wage attorney

At The Lange Firm, we help you recover unpaid wages, file a complaint, or pursue a lawsuit if necessary.

How The Lange Firm Helps Tipped Workers

We represent waitresses, bartenders, servers, and other hospitality workers across Texas in:

• Wage theft claims
  
  
• Tip credit violations
  
  
• Illegal deduction cases
  
  
• Retaliation lawsuits
  
  
• Overtime and minimum wage enforcement
  
  

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.

Final Thoughts

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.