Your Guide to Overtime in Texas
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Overtime Regulations in Texas
Following the rules set by the Fair Labor Standards Act (FLSA), overtime in Texas is calculated at 1.5 times an employee’s regular hourly wage. An employee in Texas can receive overtime pay if they work more than 40 hours in a standard 7-day workweek. Public sector employees can also receive comp time instead of overtime pay. Employees who work part-time or fluctuating hours throughout the week are also eligible for overtime pay in Texas.
Exemptions to Overtime Pay
However, Texas labor law does not qualify all employees for overtime pay. Only non-exempt employees are entitled to overtime pay. Exempt employees, i.e. employees who earn more than $844 weekly or $43,888 annually, can not receive overtime pay. This category includes employees who work in executive, administrative or professional roles.
Maintaining Overtime Records
While calculating overtime pay for employees, it is important to keep accurate record for hours worked as overtime, as any amendment to such records to avoid paying overtime is considered illegal in the state. Further, employers can not misclassify an employee as exempt to avoid paying overtime pay. In case of violation of overtime laws Texas, employers can face legal charges and be liable to up to 2 times the amount owed as overtime payment.
We have curated the following list of overtime questions in Texas, including minimum overtime payment, overtime exceptions and exemptions, fluctuating workweek overtime calculations, mandatory overtime, comp time, and penalties for not paying overtime.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
