What a week pays in Texas
Take a 44-hour week with a 12-hour Monday, at $20 an hour. Under Texas rules that is 40 regular hours and 4 hours of overtime, for $920.00.
That matches federal rules alone, because Texas’s rule does not pay more than the federal 40-hour week for this schedule. Change the hours in the calculator above to test your own week.
Who the rule covers
With no state rule, coverage follows the FLSA. Most hourly employees are covered. Executive, administrative and professional employees paid a salary of at least $684.00 a week who also meet the duties tests are exempt, as are some other jobs the FLSA lists.
How federal law fits in
The FLSA applies in every state: a covered, non-exempt employee earns at least 1.5 times the regular rate for each hour over 40 in a workweek. Where a state rule and the federal rule both apply, the employee gets whichever pays more for each hour, never both. At $20.00 an hour, federal overtime is $30.00 an hour.
For the federal overtime deduction, only the premium on hours over 40 in a week counts, the same in Texas as everywhere else. The no tax on overtime calculator works out that deduction.
Questions people ask
What is the overtime law in Texas?
Texas has no state overtime law for private employers, so only the federal FLSA's weekly overtime rule applies.
Does Texas have daily overtime?
No. Texas has no daily overtime rule for most employees, so overtime is owed for hours over 40 in a workweek under federal law.
Is double time required in Texas?
No. Texas law does not require double time. It is paid only when an employer policy or a union contract provides for it.
Can a Texas employer average hours over two weeks?
Not for federal overtime. Each workweek stands alone under the FLSA, so 30 hours one week and 50 the next means 10 hours of overtime in the second week, even when both are paid together.