Texas Overtime Calculator — FLSA rules

Frequently Asked Questions

• Does Texas have its own overtime law?

  No. Texas has no state overtime statute. Overtime protections for most private-sector workers in Texas come exclusively from the federal Fair Labor Standards Act (FLSA), which requires 1.5× the regular rate for all hours worked beyond 40 in a workweek (29 U.S.C. §207, as of 2026).

• What is the overtime rate in Texas?

  In Texas, the overtime rate is 1.5 times (time-and-a-half) the employee's regular rate of pay for all hours worked over 40 in a single 7-day workweek. There is no double-time rate mandated in Texas.

• Does Texas require daily overtime pay, like California?

  No. Texas has no daily overtime threshold. Unlike California, which requires overtime after 8 hours in a single day, Texas (and the federal FLSA) only triggers overtime after 40 hours in a workweek. Working 10 hours in one day is not overtime in Texas unless the total weekly hours exceed 40.

• Does the 7th-day rule apply to Texas workers?

  No. The 7th-day rule — which requires California employers to pay overtime for all hours on the 7th consecutive day of a workweek — does not exist under Texas or federal FLSA law. Texas employers may lawfully schedule employees to work 7 days without paying daily overtime, as long as total weekly hours do not exceed 40.

• What is the salary threshold for overtime exemption in Texas in 2026?

  The federal salary threshold governing Texas overtime exemptions is $684 per week ($35,568 per year) as of 2026. This level was set by the 2019 FLSA rule and remains in effect after a federal court in the Eastern District of Texas vacated the Department of Labor's 2024 attempt to raise it. Employees earning above this threshold may qualify for the executive, administrative, or professional exemption if they also meet the relevant duties test.

• Can a Texas employer require employees to work unlimited overtime?

  Generally yes. Neither federal FLSA nor Texas law limits the number of overtime hours an employer can require, except for special categories such as nurses — Texas Health and Safety Code §258.003 prohibits mandatory overtime for RNs and LVNs except in disaster or other emergency situations. For most workers, the employer may require overtime but must pay the 1.5× premium for hours over 40.

• How do I calculate my overtime pay in Texas?

  Identify your regular hourly rate, then multiply all hours over 40 in the workweek by 1.5× that rate. For example: $20/hr rate × 1.5 = $30/hr overtime rate. If you worked 48 hours: (40 × $20) + (8 × $30) = $800 + $240 = $1,040 total gross pay for the week.

• Are salaried employees entitled to overtime in Texas?

  It depends on their salary and duties. Salaried workers earning less than $684/week ($35,568/year) are generally entitled to FLSA overtime regardless of job title. Salaried workers above that threshold may be exempt if their primary duties qualify as executive, administrative, or professional under the FLSA duties test. Job title alone does not determine exemption status.

• What can I do if my Texas employer does not pay overtime?

  You have two main options: (1) File a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD), which can investigate and recover back wages at no cost to you; or (2) File a private federal lawsuit under the FLSA, which may recover unpaid overtime, an equal amount as liquidated damages, and attorney fees. The statute of limitations is generally 2 years (3 years for willful violations). Note: the Texas Workforce Commission (TWC) handles state wage claims but overtime violations are a federal matter.

• Do Texas overtime rules apply to independent contractors?

  No. Independent contractors are not covered by FLSA overtime rules. However, Texas employers cannot simply label workers 'contractors' to avoid overtime — the actual working relationship determines classification. The IRS economic-reality test and FLSA economic-dependence test both examine factors such as behavioral control, financial control, and the permanency of the relationship.