Like the rest of the country, Texas has laws protecting workers by providing them the right to overtime. It’s important to know these laws to ensure that you get what you’re entitled to in your job.
What are the qualifications for overtime in Texas?
Per the Fair Labor Standards Acts and state overtime laws, nonexempt salaried employees who work past the standard 40 hours per week are entitled to receive overtime pay. When an employee is eligible for overtime, that pay is determined as 1.5 times their normal pay rate.
Certain employees are exempt, meaning they are not eligible for overtime pay. Those who receive an annual salary of $35,568 or at least $684 per week and perform certain job functions are considered exempt. This includes administrative, executive and other professional roles as well as salespeople who earn commission.
What is comp time?
Comp time, also known as compensatory time, can be provided to an employee instead of overtime pay. This is paid time off that employers are allowed to provide to their nonexempt employees instead of overtime. However, private employers cannot provide comp time to their employees in favor of overtime pay, which is considered illegal.
Certain types of employees are able to receive comp time in place of overtime pay. Firefighters, law enforcement officers and paramedics are a few examples of such professionals. However, workers cannot amass more than 240 hours of comp time. After an employee meets that hourly cap, they must be paid overtime wages at 1.5 times their regular rate of pay.
How is overtime calculated?
Overtime pay can be calculated by the hourly rate multiplied by 1.5. The workers’ overtime hours worked multiplied by their overtime rate equals the overtime pay they are due.