Texas · Overtime · Updated April 2026

Texas has no state OT law. The federal FLSA 40-hour rule controls.

Unlike California's daily OT, Colorado's 12-hour consecutive rule, or New York's spread-of-hours, Texas has no state-level overtime statute. All Texas OT obligations flow through the federal Fair Labor Standards Act: 1.5× the regular rate for hours over 40 in a fixed workweek. Simpler than California — but the regular-rate calculation still trips up most employers.

Threshold
40 hrs/week
Multiplier
1.5×
Authority
FLSA § 207
Active

Federal Weekly Overtime

Tracks running weekly hours toward the 40-hour federal OT threshold. Calculates the 'regular rate' including non-discretionary bonuses, shift differentials, and commissions. Pays 1.5× automatically.

Warn manager at 36-hour scheduled threshold
Surface OT exposure on payroll close
Auto-tag timesheet entries past 40 hrs
Always running

What those rules do as a workweek crosses 40 hours.

The hero card configuration: Avoid at 36 hours scheduled, Critical on payroll close, Flag on the timesheet. Here's what each does at runtime.

Avoid · at 36 hours scheduled

When a worker's scheduled hours plus a pending shift would push past 36 hours, the manager sees a yellow indicator: "Adding this trends past weekly OT." Save proceeds, exposure logged.

Critical · on payroll close

On payroll close, any worker whose week exceeded 40 hours surfaces with a Critical indicator and the calculated premium. Close requires explicit confirmation.

Flag · on the timesheet

Hours past 40 in a workweek auto-tag as Weekly OT. Payroll sees the tag and applies 1.5× the regular rate automatically.

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The rule, plainly stated

Forty hours in a fixed seven-day workweek — federal only.

Texas has no state OT statute, so federal FLSA controls. The simplicity at the threshold level (only weekly OT, no daily or consecutive rules) hides complexity in regular-rate calculation.

29 U.S.C. § 207(a)(1) — Fair Labor Standards Act: No employer shall employ any of his employees who in any workweek is engaged in commerce for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

Workweek is fixed and recurring

A workweek is any fixed, recurring 168-hour period (7 × 24). The employer designates the start day and time but cannot shift it to evade OT obligations. Different workweeks per worker are allowed (common in healthcare staffing where workweeks differ by shift type) but each must remain consistent.

Regular rate isn't always the hourly rate

The 'regular rate' includes all remuneration except specific statutory exclusions: non-discretionary bonuses, shift differentials, commissions, and certain incentive pay all factor in. Calculating the regular rate wrong is the #1 source of FLSA OT lawsuits. A worker earning $15/hr base plus a $1/hr shift differential plus a $50 weekly attendance bonus has a regular rate higher than $15 — and OT is calculated on that higher number.

On autopilot

Teambridge tracks the workweek and calculates the true regular rate.

The hard part of FLSA OT in Texas isn't the 40-hour threshold — it's getting the regular rate right when a worker has a base rate plus differentials, bonuses, or commissions.

01 · Schedule build

36-hour line shows up early.

When a manager schedules a shift that would push a worker past 36 weekly hours, an Avoid indicator surfaces. Manager can proceed or redistribute.

02 · Multi-site aggregation

Hours follow the worker.

If a worker has shifts at multiple of your locations, Teambridge aggregates the hours under one workweek total. The OT calculation considers everywhere the worker clocks, not just the one site.

03 · Regular-rate calculation

All earnings rolled in.

When OT is owed, Teambridge calculates the regular rate including base wages, shift differentials, non-discretionary bonuses, and commissions earned in the workweek. The 1.5× premium applies to the true regular rate, not just the base hourly.

04 · Workweek straddle

Pay-period boundaries don't matter.

When a workweek crosses into a new pay period (common with semi-monthly pay schedules), Teambridge keeps the OT calculation tied to the workweek, not the pay period. Premium lands on whichever paycheck contains the OT hours.

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FAQ

People also ask.

When is overtime owed in Texas?
When a non-exempt employee works more than 40 hours in a fixed workweek. Texas has no state OT statute — the federal FLSA controls. There is no daily OT rule and no consecutive-hour rule in Texas, unlike California or Colorado.
What's the 'regular rate' for OT?
All remuneration the worker receives in the workweek, divided by hours worked, minus specific statutory exclusions. It includes base wages, shift differentials, non-discretionary bonuses, commissions, and most incentive pay. Calculating it wrong is the most common cause of FLSA OT lawsuits.
Do I have to pay OT for hours over 8 in a day?
Not in Texas. Texas has no daily OT rule. Only hours over 40 in the workweek trigger OT. A 12-hour Monday is fine if the week stays under 40 total.
Can I average hours across two weeks to avoid OT?
No. Each workweek stands alone for OT calculation under the FLSA. You cannot offset 50 hours one week with 30 the next to 'average' to 40.
Can I give comp time instead of OT pay?
No, not in the private sector. OT must be paid in cash on the regular payday following the workweek in which it was earned. Public-sector employers have different rules under the FLSA's public-sector comp time provisions.
Does the workweek have to be Sunday-Saturday?
No. The employer can designate any 168-hour period as the workweek, as long as it's consistent. Different workweeks per worker are allowed (common in shift-based industries) but each worker's workweek must remain fixed.
What's the penalty for OT violations in Texas?
Federal: back wages plus liquidated damages (typically equal to back wages, doubling the recovery), plus attorney's fees. Statute of limitations is 2 years (3 if willful). Texas TWC does not directly enforce OT — those claims go to the U.S. DOL Wage and Hour Division.