If you work in Texas and put in more than 40 hours in a workweek, you may be entitled to overtime pay. For most non-exempt employees, the basic rule is simple: hours worked over 40 in a fixed seven-day workweek are generally paid at 1.5 times the employee’s regular rate.
Texas does not have a separate overtime system that replaces the federal Fair Labor Standards Act (FLSA). Texas wage law works alongside federal wage-and-hour rules, so whether you get overtime usually depends on whether you are covered by the FLSA and whether you are exempt.
How does overtime work in Texas?
The key number is 40 hours in a workweek, not eight hours in a day. A workweek is a fixed period of seven consecutive 24-hour days. It can start on any day and does not have to match your employer’s pay period.
| Hours worked | Typical result for a non-exempt employee |
|---|---|
| 40 or less | Regular pay for the hours worked |
| 45 | 40 regular hours + 5 overtime hours |
| 50 | 40 regular hours + 10 overtime hours |
Texas Workforce Commission guidance explains that, for most non-exempt workers, overtime becomes an issue when actual hours worked exceed 40 during the seven-day workweek.
How much is overtime pay in Texas?
For a typical hourly employee whose regular rate is $20 per hour, the overtime rate is $30 per hour. If that employee works 45 hours, the basic calculation is 40 × $20 plus 5 × $30, for a total of $950 before other adjustments or deductions.
The calculation can be more complicated when you receive bonuses, commissions, different hourly rates, or other forms of compensation. The regular rate can include compensation that is not simply your stated hourly wage.
Does working more than 8 hours in one day automatically mean overtime?
No. Texas and federal overtime rules generally look at the total hours worked during the workweek. Working 10 hours on Monday does not automatically create two overtime hours if your total for the workweek stays at 40 or less.
For example, if you work 10 hours Monday and then 7 hours on each of the next four days, you worked 38 hours. Under the normal rule, there would be no federal overtime merely because one day was longer than eight hours.
Who is entitled to overtime?
The FLSA generally protects non-exempt employees. That means you cannot determine overtime eligibility simply by looking at your job title or by asking whether you are paid a salary.
Some employees are exempt from overtime because they meet specific requirements in federal law. Common exemption categories include certain executive, administrative, professional, outside-sales, and computer employees. Other occupations have their own special rules.
Being salaried does not automatically mean you are exempt
This is one of the most common misunderstandings. An employer cannot make someone exempt from overtime simply by calling the person a “manager” or paying a salary.
For the common executive, administrative, and professional exemptions, federal law generally looks at both how the employee is paid and what duties the employee actually performs.
What salary level is used for the common white-collar exemptions?
As of 2026, the U.S. Department of Labor says it is applying the 2019 exemption rule because the 2024 overtime rule was vacated by a federal court. The standard salary level is currently $684 per week, or $35,568 per year, for the common executive, administrative, and professional exemptions. The highly compensated employee threshold is $107,432 per year.
But salary alone is not enough. The employee must also satisfy the applicable duties requirements. Certain occupations, including some teachers, doctors, lawyers, and outside-sales employees, have special exemption rules.
Do all hours you spend at work count?
Not necessarily. The law generally counts time you are required or permitted to work. Simply being present at a workplace is not always the same thing as working.
For example, time spent doing required tasks before or after your scheduled shift can matter. If your employer knows you are working, you generally cannot lose overtime rights simply because the work was done outside the normal schedule.
Can my employer make me work more than 40 hours?
For most adult employees covered by the FLSA, federal law does not generally put a maximum number of hours an employer can require you to work. The important point is that covered non-exempt employees must generally receive the required overtime premium for hours over 40.
What if my employer says overtime must be approved first?
An employer may have a workplace rule requiring approval before overtime is worked. But an internal rule does not automatically erase an employee’s legal right to overtime for compensable work that was actually performed.
If you were told not to work overtime but you worked extra hours anyway, keep records and follow the employer’s reporting procedure. Repeated unauthorized work can still create workplace consequences even when the time must be counted for wage purposes.
What should I do if I am not paid overtime?
- Keep your own records. Write down the dates, start and end times, breaks, and total hours worked.
- Save pay records. Keep pay stubs, schedules, time records, texts, emails, and instructions about your hours.
- Check your classification. Look at whether you are actually exempt rather than relying only on your job title.
- Raise the issue in writing. A clear written request can help create a record of the problem.
- Consider a wage claim or legal advice. The Texas Workforce Commission handles certain wage claims, while federal wage law may also provide enforcement options.
Simple Texas overtime examples
| Example | What usually happens |
|---|---|
| Hourly worker earns $16 and works 42 hours | 40 hours at $16 and 2 hours at the applicable overtime rate, normally $24 |
| Worker earns $20 and works 38 hours | No federal overtime because total hours are below 40 |
| Salaried worker works 50 hours | Salary alone does not answer the question; exemption status must be examined |
| Worker works 12 hours Monday but only 38 total that week | No normal federal overtime merely because one day exceeded 8 hours |
Frequently asked questions
Is Texas an overtime state?
Texas employees are generally protected by the federal FLSA. Texas Payday Law also looks to federal wage-and-hour requirements when determining what wages are due.
Is overtime after 8 hours in Texas?
Usually no. For most covered employees, overtime is based on hours worked over 40 in a workweek, not simply hours over eight in one day.
Is overtime time-and-a-half in Texas?
For a typical covered, non-exempt employee, yes. Overtime is generally paid at one and a half times the employee’s regular rate.
Can a salaried employee get overtime in Texas?
Yes, in some situations. Salary does not automatically make an employee exempt. The applicable federal exemption requirements must be met.
What is the current federal overtime salary threshold?
For the common white-collar exemptions, the U.S. Department of Labor currently says the applicable standard salary level is $684 per week because the 2024 rule was vacated.
Sources and official resources
- Texas Workforce Commission — Hours Worked
- Texas Workforce Commission — Overtime Pay
- Texas Workforce Commission — Texas Payday Law
- U.S. Department of Labor — FLSA Overtime Exemptions
- U.S. Department of Labor — 2026 technical amendment
Related: Texas Final Paycheck Law: When Must Your Employer Pay You?
