Exempt from the Texas Minimum Wage Act

Who is exempt from the Texas Minimum Wage Act? Find out on Paywizard.org. Exemptions Minimum Pay or Salary Texas.


Person covered by the Fair Labor Standards Act of 1938
If you are covered by the federal Fair Labor Standards Act the federal minimum wage applies to you.

Religious, Educational, Charitable, or Nonprofit Organization if you are:

  • member of a Religious order performing a service for or at the direction of the order;
  • a duly ordained, commissioned, or licensed minister, priest, rabbi, sexton, or Christian Science reader performing services in that capacity for a church, synagogue, or religious organization;
  • engaged in activities of  a religious, educational, charitable or nonprofit organization where an employer-employee relationship does not exist, or your services were done gratuitously;
  • working for the Boy Scouts of America, Girl Scouts of America or an organization affiliated with those organizations;
  • working for a camp of  a religious, educational, charitable or nonprofit organization;
    1. working with your spouse for a nonprofit educational institution to serve as the parents of a child who is an orphan, or
    2. one of whose natural parents is deceased, or
    3. who is enrolled in and resided in residential facilities of an institution, if:
you and your spouse live in the residential facilities of the institution and receive without cost, board and lodging from the institution.

Certain Professionals, Salespersons, and Public Officials working as:

  • a bonafide executive, administrative, or professional capacity;
  • an outside salesperson or collector and paid a commission;
  • a person who performs services for a political subdivision as an elected official or s a member of a legislative body.

Domestic Workers if you are:

  • performing domestic services in or about a private home;
  • baby sitting in or out an employer’s home;
  • living in or about a private home and furnishes personal care for a resident of the home.

Certain Youths and Students if you are:

  • younger than 18 years of age and not a high school graduate or a grad of a vocational training program – but this exemption does not apply if you are working in agriculture and if your paid on a piece-rate basis;
  • younger than 20 years of age and a student enrolled in a high school, college, university, or vocational training program - but this exemption does not apply if you are working in agriculture and if your paid on a piece-rate basis;
  • disabled and you are:
21 or younger, client of a vocational rehabilitation and participating in a cooperative school-work program.

Inmates if you are:

  • performing services while imprisoned in the institutional division of the Texas Department of Criminal Justice, or;
  • while confined in a local jail.

Certain Family Members if you are:
employed by an immediate relative or in-law, guardian or person standing in place of an immediate relative, in-law or guardian.

Certain Amusement and Recreational Establishments that

  • do not operate for more than seven months in a year, or;
  • whose average receipts for any six months of the preceding calendar year do not exceed 33.3 percent of its average receipts for the other six months of the same year.

Certain Employers Not Contributing to Unemployment Compensation Fund
An employer who is not liable for payment of contributions to the unemployment compensation fund -  except with respect to employment of a person in agriculture.
The Texas Employment Commission furnishes a certificate stating:   

  • Whether a specified employer is liable for the payment of contributions to the unemployment compensation fund,
  • 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)

Agricultural exemptions:

  • an employer is exempt with respect to employment of a person in dairy farming.
  • The minimum wage and the sections “Costs of Meals and Lodgings” and “Certain Employees subject to call” (see above in the exemptions) do not apply to an agricultural employer, with respect to an employee engaged in the production of livestock.

Production of livestock includes:

  • 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;
  • breeding, feeding, watering, containing, maintaining, and caring for livestock;
  • production of livestock in feedlots; and
  • all other activities necessary or useful to the raising of livestock.

Sheltered Workshops

this is a charitable organization that is engaged in evaluating, training and employment services for clients with disabilities and that complies federal regulations.