Texas Overtime Laws
Texas follows federal FLSA overtime rules.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$7.25
Federal rate
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Standard FLSA exemptions apply
Important Notes
Texas follows federal FLSA overtime rules.
State Labor Department
Texas Economy and Workforce
Texas has the second-largest state economy in the U.S. with a GDP of $2.769 trillion in 2024, ranking it among the top 10 economies globally. The state leads the nation in oil and gas production, hosts 53 Fortune 500 companies, and has become a major technology hub, particularly in Austin and Dallas.
Industries with Common Overtime
These Texas industries frequently involve overtime work situations:
Oil and Gas
Texas produced a record 5.86 million barrels of crude oil per day in October 2024. Field workers, rig operators, and refinery employees often work extended shifts, particularly during drilling operations and maintenance periods.
Healthcare
The Texas Medical Center in Houston is the world's largest medical center, employing over 73,000 people. Healthcare workers including nurses, technicians, and support staff regularly work overtime to provide continuous patient care.
Technology
Austin has become known as 'Silicon Hills' with major tech companies and startups. Software developers, IT professionals, and tech support workers often work extended hours during product launches and project deadlines.
Construction
Texas's rapid population growth drives constant construction activity. Construction workers frequently work overtime to meet project deadlines, especially in urban areas experiencing development booms.
Retail and Warehousing
As a major logistics hub, Texas has numerous distribution centers. Warehouse workers and retail employees often work overtime during peak shopping seasons and to handle e-commerce demand.
Frequently Asked Questions
No, Texas follows the federal Fair Labor Standards Act (FLSA) for overtime requirements. Non-exempt employees must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek. Texas does not have daily overtime requirements.
You have only 180 days from when your wages were due to file a wage claim with the Texas Workforce Commission (TWC). For federal claims with the Department of Labor, you have two years (or three years for willful violations). Act quickly to preserve your rights.
In November 2024, a federal court struck down the DOL rule that would have raised the salary threshold to $58,656 annually. The previous threshold of $684 per week ($35,568 annually) remains in effect. Employees earning below this amount who perform non-exempt duties are entitled to overtime.
How to File a Wage Claim in Texas
If you believe you are owed overtime pay, follow these steps:
Collect all documentation including pay stubs, timesheets, and employment records
File a wage claim online through the Texas Workforce Commission website or obtain a paper form from a TWC office
Submit your claim within 180 days of when the wages were due
TWC will investigate your claim and attempt to recover unpaid wages
Alternatively, file a federal complaint with the DOL Wage and Hour Division within two years
Important Texas Consideration
Texas is unique in that workers' compensation insurance is voluntary for private employers. Employers who opt out ('non-subscribers') lose certain legal protections and can be sued by injured employees. This affects approximately 20% of Texas employers. Workers should verify their employer's coverage status, as it impacts both injury claims and overall workplace protections.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.