Under Texas overtime laws you earn no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Texas — only the weekly total counts. The minimum wage is $7.25 (adopts the federal rate by reference).
This guide gives the exact texas overtime laws rule with the date we verified it, the statute, and what to do next. Rules verified against Texas Workforce Commission, Labor Law Section on 2026-10-08; confirm the current rule with Texas Workforce Commission, Labor Law Section or an attorney before you rely on it.
Texas Overtime Laws at a Glance
| Minimum wage | $7.25 (adopts the federal rate by reference) |
| Weekly overtime | No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Texas — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | No |
In This Texas Overtime Laws Guide:
Texas Overtime Laws: The Rules
No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Texas — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
Texas has no state overtime law; the federal 40-hour rule applies.
How to Calculate Overtime Under Texas Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $7.25 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
Texas Overtime Laws at a Glance
Rules verified against Texas Workforce Commission, Labor Law Section on 2026-10-08; confirm the current rule with Texas Workforce Commission, Labor Law Section or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $7.25 (adopts the federal rate by reference) |
| Weekly overtime | No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Texas — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | No |
Who Is Exempt From Texas Overtime Laws
Overtime exemptions in Texas follow federal law. The main exempt groups are salaried executives, administrative employees, learned or creative professionals, certain computer employees and outside salespeople. Most of these jobs must pass a duties test and a federal minimum salary test, and the employer must pay a fixed salary. A job title on its own does not make someone exempt.
Daily Overtime and Texas Overtime Laws
Texas has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in Texas generally may not give comp time instead of overtime pay. Under the federal Fair Labor Standards Act, comp time instead of overtime is allowed only for public-sector employers.
Is Overtime Taxed Differently Under Texas Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Texas follows the federal tip-credit rules.
Overtime for tipped workers is figured on the full minimum wage, not the lower cash wage, so the employer’s tip credit cannot be raised for overtime hours. Tips the worker keeps generally do not count toward the overtime premium.
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How to Claim Unpaid Overtime Under Texas Overtime Laws
Texas has no overtime law of its own, so the main option is a complaint to the U.S. Department of Labor’s Wage and Hour Division under the federal Fair Labor Standards Act. Workers can also file a Texas Payday Law wage claim with the Texas Workforce Commission using Form WH-1, which has a line for unpaid overtime.
The TWC deadline is much shorter than the federal look-back period, which is longer for willful violations, so most claimants should confirm their filing window with each agency soon.
Other Texas Overtime Laws Rules to Know
Texas has no state overtime statute, so overtime rights come from the federal Fair Labor Standards Act. The Texas Payday Law governs when and how earned wages must be paid, and the Texas Workforce Commission may handle unpaid overtime as a wage claim when the worker has not gone to the U.S. Department of Labor.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Texas — the bottom line
- Texas overtime laws start the premium no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under texas overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- Texas overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under Texas overtime laws?
No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Texas — only the weekly total counts.
What is the overtime rate in Texas?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does Texas have daily overtime?
No daily overtime in texas — only the weekly total counts.
Can my employer give comp time instead of overtime pay in Texas?
Private employers in Texas generally may not give comp time instead of overtime pay. Under the federal Fair Labor Standards Act, comp time instead of overtime is allowed only for public-sector employers.
How do I claim unpaid overtime in Texas?
Texas has no overtime law of its own, so the main option is a complaint to the U.S. Department of Labor’s Wage and Hour Division under the federal Fair Labor Standards Act.
Official Texas Sources & Resources
- Texas Workforce Commission, Labor Law Section: https://www.twc.texas.gov/programs/wage-and-hour
- Texas statute (Texas has no state overtime law; the federal 40-hour rule applies.): https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This texas overtime laws guide was last verified against official Texas sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Texas Workplace Rights Guides
- Texas Break Laws: Meal and Rest Breaks
- Texas Final Paycheck Law: Deadlines and Penalties
- Texas Labor Laws: Every Rule in One Place
- Texas Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.