87R2352 RDS-D     By: Turner of Tarrant H.B. No. 1915       A BILL TO BE ENTITLED   AN ACT   relating to the minimum wage and overtime pay for employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 62.051, Labor Code, is amended to read as   follows:          Sec. 62.051.  MINIMUM WAGE; OVERTIME. (a) Except as   provided by Section 62.057, an employer shall pay to each employee   who is not exempt under the federal Fair Labor Standards Act of 1938   (29 U.S.C. Section 201 et seq.) at least the federal minimum wage   under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section   206), for each hour the employee works.          (b)  For the purpose of calculating the minimum wage paid to   an employee, an employer may not use a method that:                (1)  guarantees weekly pay for a variable number of   hours; or                (2)  establishes a fixed salary for fluctuating hours   in a workweek.          (c)  For each hour that an employee who is not exempt under   the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201   et seq.) works in a week over 40 hours, an employer shall pay the   employee a wage equal to at least one and one-half times the   employee's regular wage.          SECTION 2.  Section 62.151, Labor Code, is amended to read as   follows:          Sec. 62.151.  PERSON COVERED BY FEDERAL ACT. A [This chapter   and a] municipal ordinance or charter provision governing wages in   private employment, other than wages under a public contract, does   [do] not apply to a person covered by the Fair Labor Standards Act   of 1938 (29 U.S.C. Section 201 et seq.).          SECTION 3.  This Act takes effect September 1, 2021.