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Texas Overtime Laws


A Quick Guide to Texas Overtime Laws

Texas Overtime Laws

Texas overtime law is comparable to most states around the nation, and overtime in the normal workweek is any hours worked past 40 hours in the normal 8-hour workday schedule.  “Overtime” comes in a variety of forms in the state of Texas and around the country, and some of these forms of overtime are discussed in this article. 

You can also find information about Texas overtime laws concerning overtime rates, and information about mandatory overtime in the state of Texas.  

Types of Overtime in Texas

As mentioned above, there are multiple forms of overtime covered within Texas overtime law.  Some of these types of “overtime” are described below: 

Regular Mandatory 

Employers are allowed to require employees to work overtime, but Texas overtime law requires the employer to pay appropriate overtime rates (usually time and a half).  This means an employee will make 150% of their hourly rate for every hour above 40 hours they choose to are required to work.  

There is one exception to this mandatory overtime rule in Texas.  Under the new Texas overtime laws that were passed in 2009, a nurse cannot be forced to work for more than 50 hours a week unless a dire emergency situation has caused them work past pre-assigned hours.  See Texas Health and Safety Code Section 258.003 for information on this rule.  

Premium, Holiday, and Weekend Pay

There is no Texas overtime law that states a person needs to be paid more during unusual hours.  However, in order for most employers to operate during the holidays and weekends, they must offer incentive to employees so they will work.  Holiday pay may include double or even triple pay in most companies, and weekend pay may be at any amount.  

Shift Differentials

No rule under Texas overtime laws or under the Fair Labor Standards Act requires an employer to pay more for second and third shifts.  However, an employer must usually give incentive to employees in order to fill demand during these shifts.  
Overtime Rates

There are several Texas overtime laws that address overtime, but 29 C.F.R 778.109 provides a specific Texas overtime law for people of regular pay: 

“the regular hourly rate of pay of an employee is determined by dividing his total remuneration for employment in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid.”

So, for example, under these Texas overtime laws, an employee who works on an hourly rate plus commission would make their straight-time hourly earnings plus the commission for that workweek, divided by the total number of hours worked during the workweek.  

No matter what rate of pay method is used, the regular pay for overtime can be no less than minimum wage under Texas overtime laws.  If you believe you have been unpaid fairly, you should contact the Texas Workforce Commission as soon as possible and ask them for information on how to file a complaint against your employer.  

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