Texas Overtime Pay Calculator

Texas has no state overtime law of its own — every non-exempt worker is covered by the federal Fair Labor Standards Act (FLSA). The rule is simple: 1.5x your regular rate for hours worked over 40 in a 7-day workweek. There is no daily overtime, no double time, no mandatory premium for weekends or holidays, and no requirement to pay extra for the 6th or 7th consecutive day worked.

An employer can define the 7-day workweek however they want (Sunday–Saturday, Wednesday–Tuesday, etc.) as long as it stays consistent. Hours cannot be averaged across two weeks: 30 hours one week and 50 the next still earn 10 hours of overtime in week two.

The 'regular rate' under FLSA includes non-discretionary bonuses, shift differentials, and incentive pay. A $100 weekly attendance bonus across 50 hours raises your regular rate by $2/hour, which means your overtime premium owed on the 10 OT hours is $1/hour higher than your base rate suggests.

Private Texas employers cannot give 'comp time' instead of overtime — that practice is reserved for public-sector employees under FLSA §207(o). If your private employer is banking your overtime hours for future time off, that's likely a violation.

Oil-and-gas workers in the Permian Basin are frequent victims of the day-rate misclassification trap. The Supreme Court's Helix Energy v. Hewitt (2023) ruling confirmed that highly compensated employees paid a day rate are still entitled to overtime unless they also receive a guaranteed weekly salary that meets the salary basis test.

Dual jobs at the same employer must be added together. If you work 30 hours at one Texas restaurant location and 15 hours at another owned by the same franchisee, you've earned 5 hours of overtime — regardless of which paycheck the hours appear on.

File a complaint with the U.S. Department of Labor Wage and Hour Division, or sue directly in federal court under FLSA §216(b). The standard recovery is back wages plus an equal amount in liquidated damages (effectively doubling what you're owed), plus reasonable attorney's fees and court costs.

The lookback window is 2 years, or 3 years if the violation was willful. Texas does not extend this period under state law, so don't wait — claims for hours worked more than 3 years ago are permanently lost.