The rules for overtime pay in Texas are set out by the federal Fair Labor Standards Act and the Texas Payment of Wages Act, the latter of which is more commonly known as the Texas Payday Law. These laws require employers to pay hourly workers and some salaried workers overtime pay at a rate that is at least one and a half times their regular hourly rate when they work more than 40 hours in a workweek.
Not all workers in Texas are protected by the FLSA or the Texas Payday Law. Executives, administrators, professionals and outside sales representatives may not be entitled to overtime pay because they fill skilled or supervisory roles or set their own hours. However, professional, administrative or executive employees could be entitled to overtime pay if they earn a salary of less than $684 per week. When determining whether or not an employee is entitled to overtime pay, officials consider the nature of their duties as well as their compensation.
Unpaid overtime claims
Workers in Texas who have not received overtime pay that they are entitled to can file unpaid wages claims with the Texas Workforce Commission. This can be done online, or the necessary forms can be completed and submitted by fax or mail. Workers must submit overtime compensation claims no later than 180 days after the wages in question should have been paid.
Almost all hourly workers and some salaried workers in Texas are covered by the overtime provisions of the FLSA and the Texas Payday Law. However, public sector employees may receive comp time on a time-and-a-half basis instead of overtime pay. When nonexempt workers in Texas are denied overtime pay, they have up to 180 days to file unpaid wages claims with the Texas Workforce Commission.