Texas Overtime Laws (2026): The Complete Breakdown

You’re probably here because you’re confused about overtime. That’s totally normal. Texas overtime rules aren’t complicated, but they’re different from what a lot of people assume. Let’s clear this up.

Most people think Texas has its own overtime rules. They don’t. Texas actually follows federal overtime laws pretty strictly. But here’s the thing: knowing what those laws actually say can save you money and headaches.

What Is Overtime?

Overtime is extra pay for working extra hours. Specifically, it’s the premium pay you get for hours over 40 in a single week. Most people think overtime happens after 8 hours in a day, but that’s not how federal law (which Texas follows) actually works.

Think of it like this: the law cares about weekly hours, not daily hours. Work 10 hours one day? That’s fine. Work 50 hours in the same week? Now you’re getting overtime pay.

Basic Texas Overtime Rules

Who Gets Overtime

Here’s where it gets important. Not everyone in Texas is entitled to overtime pay. Your job title matters. Your salary matters. Your actual job duties matter even more.

Most people who are paid hourly automatically qualify for overtime. But if you’re salaried, it gets trickier. Honestly, this is where most people get confused.

So what determines if you’re eligible? The Fair Labor Standards Act (FLSA) has specific rules. These rules apply in Texas just like they apply everywhere else in the United States. You basically need to pass what’s called the “salary level test” and a “duties test.”

Don’t worry, we’ll break both of those down.

The Salary Level Test

For 2026, you need to earn less than $43,888 per year to qualify for overtime. That’s the federal minimum. If your salary is below that, you’re almost certainly eligible for overtime pay.

But wait, there’s more. Some jobs have different rules based on specific industries. Agricultural workers, for example, have different thresholds. Computer professionals have their own rules too.

If you’re unsure about your salary level, that’s a sign you should check with your employer or a lawyer. It’s literally that important.

The Duties Test

This one’s actually pretty straightforward. Your job duties matter more than your job title. Basically, the law asks: are you really doing executive, professional, or administrative work?

Exempt employees handle management decisions. They work independently. They use specialized knowledge. If that sounds like your job, you might not qualify for overtime, even if you’re paid hourly.

If you’re mostly following instructions from others? That usually means you’re not exempt. You’d qualify for overtime.

Here’s a quick example. A retail store manager making $35,000 a year probably qualifies for overtime. Why? The salary is below the threshold. Another manager making $50,000 a year probably doesn’t. The salary is above the threshold and the duties likely make them exempt.

Sound complicated? The good news is your employer is required to classify you correctly. That’s on them, not you.

Overtime Pay Rates

How Much Extra Do You Get

Okay, this part’s really simple. Overtime pay is time and a half. That means 1.5 times your regular hourly rate.

Making $20 an hour? Overtime is $30 per hour. Making $15 an hour? Overtime is $22.50 per hour. The math doesn’t change.

You get paid this rate for every hour over 40 in a work week. A work week is defined as seven consecutive days, and the week can start on any day your employer chooses.

Calculating Your Overtime Check

Let’s say you worked 45 hours at $16 an hour. Here’s how it works. The first 40 hours are regular pay: 40 times $16 equals $640. The extra 5 hours are overtime: 5 times $24 equals $120. Your total is $760.

It’s not complicated once you do it once. And honestly, your employer should be doing this math for you anyway.

What About Compensatory Time?

Here’s where Texas has something different from some other states. You might hear about “comp time” or “compensatory time off.”

The basic rule: private employers in Texas can’t give you comp time instead of overtime pay. If you’re a private sector employee and work overtime, you need actual overtime pay. No exceptions.

But here’s the catch. If you work for a public employer (like a city, county, or school district), comp time rules are different. Government employers can offer you extra time off instead of extra pay, but only if you agree to it in writing first.

Not sure if your employer is public or private? State and local government agencies are public. Private companies are private. Pretty straightforward.

When You Don’t Get Overtime

Exempt Jobs and Why

Some jobs are literally exempt from overtime requirements. You’re not getting extra pay for extra hours. That’s the law. Not your employer being cheap.

Executive positions are exempt. That means real managers making real management decisions. Not supervisors who just assign tasks.

Professional positions are exempt too. That includes lawyers, doctors, engineers, and specialized professionals. You need advanced education and independent judgment.

Administrative jobs can be exempt. Think office managers and human resources specialists who make decisions independently.

Outside sales positions are exempt. That’s salespeople who work away from the office and make independent sales decisions.

And then there are some weird ones. Teachers are exempt. Policemen and firefighters have special rules. Agricultural workers have different overtime thresholds.

If you’re unsure whether your job qualifies, ask your employer or look at your job description against the federal standards.

Computer Professionals

Computer programmers, software developers, and IT workers have a special rule. The salary threshold for computer workers is different. You need to be making at least a certain amount, and the duties test is more specific.

This is one where you really should check the federal rules if it applies to you. The requirements are precise.

Recent Changes and Updates

Texas overtime laws haven’t changed much recently, honestly. The biggest changes come from federal updates, not state changes.

In 2024 and 2025, the Department of Labor proposed raising the overtime salary threshold even higher. Some of those changes might happen in 2026. That would mean even more people qualifying for overtime pay.

The best move? Check the Department of Labor website regularly. They announce changes months in advance. You want to know if your status changes before your next paycheck.

What Happens If You Don’t Get Paid Overtime

Your Rights When Overtime Is Violated

Here’s the important part. If your employer didn’t pay you overtime that you earned, that’s illegal. Full stop.

You have the right to sue for the unpaid overtime. You can also recover something called “liquidated damages,” which is basically double the unpaid amount. You can get your legal fees covered too.

Not every situation requires a lawyer. You could file a wage claim with the Texas Workforce Commission. That’s free and doesn’t require legal representation.

If your case is big enough, a lawyer might take it on contingency. That means they don’t charge you upfront. They get paid from what you recover.

Statute of Limitations

Don’t wait forever to complain, though. You usually have three years to sue for unpaid wages under federal law. Some states give you less time, but Texas follows federal rules here.

If your employer made a pattern of unpaid overtime, that changes things. Willful violations can extend your time frame. But honestly, if you think you’re owed money, don’t wait years to do something about it.

How to Report Unpaid Overtime

Filing a Wage Claim

The Texas Workforce Commission handles wage claims. You can file online, by mail, or in person.

Here’s what you’ll need. Your name and contact info. Your employer’s name and address. Specific information about unpaid wages. Dates, hours, and how much you’re owed.

They’ll investigate your claim. Your employer gets to respond. If the commission agrees with you, they order the employer to pay up.

This process usually takes a few weeks to a few months. It’s free and you don’t need a lawyer.

Going to Court

If the wage claim doesn’t work or you want more, you can file a lawsuit. This is where you might want a lawyer. The lawsuit can be in small claims court if the amount is small enough, or district court for bigger claims.

A lawyer can help you prove the unpaid overtime and recover damages. Many lawyers work for free initially if they think they can win.

Talking to Your Employer First

Honestly, sometimes just asking works. Many unpaid overtime situations happen because of mistakes, not deliberate theft.

Ask your manager or HR why you weren’t paid overtime. Get the answer in writing if possible. If they say it was a mistake, get confirmation in writing that it will be fixed.

If they refuse or ignore you? Then you move to a wage claim or lawsuit.

Special Situations

Multiple Jobs

Working two jobs? Here’s the deal. Overtime is calculated per employer, not total hours. If you work 45 hours at Job A and 35 hours at Job B, Job A owes overtime. Job B doesn’t.

Each employer is responsible for their own overtime. The government doesn’t care about your other job.

Tips and Commission

If you make tips or commissions, your overtime is still based on your hourly rate. The calculation gets more complicated, but the principle stays the same.

Tips don’t count toward your minimum wage or overtime pay. Commissions might, depending on how they’re structured. Ask your employer how they calculate your overtime if you earn tips or commissions.

Remote Work

Working from home doesn’t change overtime rules. If you’re eligible for overtime, you get it whether you work in an office or your bedroom. Same rules apply.

The key is tracking your hours. Make sure your employer knows exactly how many hours you worked. Remote workers sometimes get pressured to work extra without tracking it. Don’t let that happen.

Seasonal Work

Seasonal employees get overtime too. If you’re eligible and you work over 40 hours in a week, you get overtime pay. Season doesn’t matter.

Frequently Asked Questions

Does Texas have its own overtime laws separate from federal law? Nope. Texas follows federal overtime rules. Federal law is actually stricter than any state law Texas could make, so that’s what applies here.

If I’m salaried, do I automatically get overtime? Not automatically. Your salary level and job duties both matter. Many salaried employees don’t qualify, but plenty do. Ask HR or check the federal guidelines.

Can my boss make me take time off instead of paying overtime? If you work for a private company, no. Private employers must pay overtime. Only public employees can sometimes take comp time instead, and you have to agree in writing first.

What if my employer says I’m “on call” but not working? It depends. If you’re required to stay at the workplace and be ready to work, that counts as hours worked. If you’re truly free to do whatever you want, it might not. This one’s case-by-case.

How do I know if my job is exempt? Check the federal guidelines on duties and salary. Your employer should have told you when they hired you. If you’re unsure, ask HR directly or contact the Department of Labor.

Final Thoughts

Here’s what you really need to know. Texas overtime laws aren’t confusing once you understand they’re just following federal rules. Those rules say you need to be paid time and a half for hours over 40 in a week, unless your job is specifically exempt.

If you’re not getting paid overtime that you’re owed, you have options. You can file a wage claim for free. You can sue your employer. You can talk to a lawyer who specializes in employment law.

And if you’re confused about whether you qualify for overtime? Ask your employer to explain. If they won’t, that’s suspicious. If the answer sounds wrong, get a second opinion from someone who knows the law.

Stay informed, track your hours, and don’t let unpaid work slide. You earned that money. Make sure you get it.