In Texas, if you are an hourly worker, you typically need to get time-and-a-half for any hours worked in excess of 40 during a single work week. If you worked for 43 hours, for example, you would be paid for 40 hours at your standard rate and the final three hours at 1.5 times that standard rate.
Some other states do authorize overtime payments when workers are on the clock in excess of eight hours in a single day. However, in Texas, it is the cumulative total that matters. An employee could work for 10 hours in a single day and still just receive their normal rate, unless that 10-hour day put them over 40 hours for the week.
The use of compensatory time off
The standard way to pay overtime wages is simply by paying employees time-and-a-half based on their standard pay. If someone makes $20 an hour, they would receive $30 for every hour of overtime, for example. Many workers gladly accept overtime hours because it’s a chance to increase their earning power.
It is also possible for employers in Texas to use compensatory time off instead of paying overtime. They can give the employee paid time off for the extra hours that they worked.
The key thing to remember is that it still has to be paid out at a time-and-a-half rate. If an employee worked three hours of overtime on a Friday, for example, their boss may just tell them to come in three hours later on Monday. However, they would actually deserve 4.5 hours off –not three.
Issues like this can sometimes lead to claims of underpaid wages. When employees cannot resolve the matter with their employer, they need to know what legal steps are available.