Domestic Worker Rights in Texas: Nannies, Housekeepers & Home Aides

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206, requires all covered employers to pay workers at least the federal minimum wage of $7.25 per hour. Domestic workers employed in private homes are covered by the FLSA, but they face significant exemptions. Under 29 U.S.C. § 213(b)(21), domestic service workers are exempt from federal overtime pay requirements, meaning employers do not have to pay time-and-a-half for hours over 40 per week. However, domestic workers must receive minimum wage for all hours worked, including live-in arrangements.

The FLSA defines "domestic service employment" as service of a household nature performed in or about a private home, including housekeeping, childcare, elder care, and similar work. Federal law covers employers with gross annual revenues of $500,000 or more, though individual householders are generally not covered by many federal employment laws even if they employ domestic workers. The U.S. Department of Labor (DOL) enforces the FLSA, and domestic workers can file wage and hour complaints with the DOL's Wage and Hour Division or pursue private lawsuits for unpaid wages. Remedies include back pay, an equal amount in liquidated damages, and attorney's fees under 29 U.S.C. § 216.

Texas law provides minimal additional protections for domestic workers beyond federal minimum wage requirements. Texas Labor Code § 61.001 establishes the state minimum wage at the federal level of $7.25 per hour, so Texas has not created a higher standard. Texas Labor Code § 52.001 limits the application of state wage and hour laws, and many protections apply only to employees in commerce or businesses affecting commerce, which can exclude purely household employment.

Unlike federal law, Texas does not provide a specific statutory exemption for domestic workers from overtime—this exemption comes entirely from federal law. However, Texas state wage and hour regulations follow the federal FLSA framework closely, meaning domestic workers in Texas face the same overtime exemption as federally. Paid sick leave is not required under Texas law for any employee, including domestic workers. Texas does not require employers to provide paid vacation or personal days, and there is no statute mandating notice periods or severance for termination of domestic workers.

Texas does provide some protections: domestic workers cannot be retaliated against for reporting wage violations under Texas Labor Code § 52.002, and they can file unpaid wage claims with the Texas Workforce Commission (TWC). The TWC can order employers to pay back wages plus penalties. Additionally, all workers in Texas, including domestic workers, are protected from discrimination based on race, color, religion, sex, or national origin under federal Title VII and Title IX laws, which apply regardless of state law gaps. Domestic workers can also file complaints with the U.S. EEOC for discrimination or retaliation. Unlike some states, Texas does not extend workers' compensation coverage to most household employees, though some exceptions exist for employees of businesses that happen to employ domestic staff.

The primary exception for domestic workers in Texas is the federal overtime exemption under 29 U.S.C. § 213(b)(21), which completely removes the requirement for time-and-a-half pay for hours over 40 per week. This applies to all domestic service workers regardless of earnings level or job duties. A second key exception involves "individual householders"—when a person hires a domestic worker privately (not through an agency or business), certain federal requirements may not apply if the householder does not meet the $500,000 gross revenue threshold, though minimum wage still applies.

Texas law does not require paid leave for any worker, so domestic workers have no statutory right to paid sick days, vacation, or personal days. Domestic workers are generally not covered by Texas workers' compensation insurance unless the employer voluntarily provides it, making them vulnerable to medical costs from work injuries. Many federal employment law protections require a minimum number of employees (15 for Title VII discrimination claims) or specific hours worked, which can exclude domestic workers employed in small household settings.

The at-will employment doctrine applies in Texas, meaning domestic workers can be terminated without cause and without notice, except where specific legal protections apply (such as anti-discrimination laws or retaliation protections for wage complaints). Domestic workers who are family members may face additional obstacles in proving employer-employee relationships for wage claims. Independent contractors and unpaid family members are not covered by any wage and hour protections. Additionally, if a domestic worker signs a valid non-compete agreement, it may be enforceable in Texas under Texas Business & Commerce Code § 15.50, though such agreements for domestic workers are rare.

Step 1 — Document Everything: Create a detailed record of all work performed, including dates, times, duties, and hours worked. Keep records in writing (journal, emails, text messages, or photos of pay stubs). Document when you were not paid on time, the amount owed, and any promises about pay. If live-in, note the hours you were available versus actually working. Keep copies of any agreements about pay, schedule, or job duties. Request written confirmation of your wage rate and pay frequency from your employer.

Step 2 — Internal Complaint Process: Before filing formally, communicate in writing (email or letter) to your employer stating clearly that wages are unpaid or incorrect, the amount owed, and the date by which you expect payment. Use specific numbers and dates. Keep a copy of this communication. Give the employer a reasonable opportunity (5-10 business days) to respond or pay. Document the employer's response or refusal. This creates a clear record and may resolve the issue quickly, and it strengthens your case if you proceed to a government agency.

Step 3 — File a Wage Claim with the Texas Workforce Commission: The TWC has authority to investigate unpaid wage claims for domestic workers. Go to www.twc.texas.gov and select "File a Wage Claim" or contact your local TWC office by phone. You will need to provide: your name, address, and contact information; your employer's name, address, and phone number; dates of employment; description of work performed; the amount of wages owed; dates wages were due but unpaid; and copies of any documentation (pay stubs, agreements, journals). The filing deadline is generally within 2 years of when the wage was due (3 years if you can prove fraud by the employer). TWC will send notice to the employer and conduct an investigation.

Step 4 — Understand the Investigation Process: The TWC will contact your employer to verify the claim and request payroll records. The investigation typically takes 30-90 days. You may be asked to provide additional documentation or clarify details. Your employer may dispute the claim or argue that you were an independent contractor or unpaid volunteer. The TWC will review all evidence and issue a determination. If the TWC finds in your favor, it will issue an order requiring the employer to pay you and may assess a penalty. If your employer appeals or ignores the order, the TWC can refer the case for enforcement or you can file a lawsuit.

Step 5 — Consider Legal Action: If the TWC process is slow or unsuccessful, or if wages are substantial, consult an employment attorney who handles wage and hour cases. An attorney can file a lawsuit in state district court or pursue a Fair Labor Standards Act claim in federal court, which allows recovery of unpaid wages plus equal damages (doubling your recovery) and attorney's fees. Most wage and hour attorneys work on contingency, meaning you pay nothing upfront. Consult an attorney immediately if your employer retaliates against you for filing a wage claim, as retaliation is illegal under Texas Labor Code § 52.002. For discrimination claims, file with the U.S. EEOC at www.eeoc.gov or contact your regional EEOC office by phone before pursuing a lawsuit.