The Texas overtime rule this calculator models
Texas has no independent private-sector daily overtime rule; the verified state source points workers to the federal FLSA weekly-40 overtime rule, and this calculator uses that weekly threshold. The calculator pays straight time for all entered hours, then adds the overtime premium only for hours above the verified threshold. That structure prevents stacking two overtime premiums on the same hour.
Basic formula
Worked example
One weekly-overtime week
What this does not determine
- Whether the worker is exempt from state or federal overtime.
- Whether the employer is covered by the state rule, the federal FLSA, or both.
- Whether bonuses, commissions, multiple rates, or tip credits require a different regular-rate analysis.
- Whether public-sector, agricultural, retail, seasonal, collective-bargaining, or industry-specific exceptions apply.
- Whether a wage claim is timely or which agency process a worker should choose.
State-specific source notes
- Statute/source anchor: Texas Labor Code Chapter 62 and Texas Workforce Commission guidance.
- Agency and wage-claim process: Texas Workforce Commission. Texas Payday Law wage-claim filing is handled by TWC; this overtime page calculates weekly overtime only and does not decide Payday Law deadlines.
- Neighbor contrast: Neighboring New Mexico has a state wage act with a state-codified overtime provision; Texas adopts the federal wage floor and has no independent private-sector overtime statute.
Sources and verification
The threshold, multiplier, and source link are read from src/data/states.json. Values marked unverified render no calculator. The calculation was checked with a Node test for Texas covering no overtime, overtime above the weekly threshold, additional includable pay, nonnegative inputs, and visible DOM output. Primary source: Texas overtime source.
Texas overtime law: federal reference statute, local preemption, and a distinctive final-paycheck rule
Texas Labor Code § 62.051 adopts the federal overtime rules by reference — it does not set an independent Texas threshold or multiplier. All overtime rights in Texas come from 29 U.S.C. § 207; the Texas statute simply confirms that federal law governs. Texas also has no daily overtime rule and no seventh-consecutive-day premium. Texas Labor Code § 62.0515 expressly preempts all local minimum wage ordinances — cities like Austin or Houston cannot set their own minimum wage floors.
Texas has one distinctive rule that affects final compensation: the Texas Payday Law (Texas Labor Code Ch. 61) requires discharged employees to receive their final paycheck within six calendar days of the discharge date — one of the more specific and short deadlines in the country. Workers who quit voluntarily receive their wages on the next regular scheduled payday. This is enforced by the Texas Workforce Commission (TWC) (twc.texas.gov).
For overtime violations, because Texas has no independent state overtime statute, claims go to the U.S. DOL Wage and Hour Division or are pursued through a private FLSA lawsuit.
How does Texas compare to its neighbors? New Mexico, to the northwest, has NMSA § 50-4-22(D) — an independent state overtime statute, giving NM workers a state-law claim. Oklahoma, to the north, also defers entirely to federal FLSA for overtime. Louisiana, to the east, has no state overtime law. Arkansas, to the northeast, has Arkansas Code § 11-4-211 creating a state overtime provision for employers with four or more employees. Texas, Oklahoma, and Louisiana are all pure-FLSA overtime states; New Mexico and Arkansas have independent state statutes.