Texas Overtime State Law 2026

Texas follows federal overtime standards under the Fair Labor Standards Act (FLSA), and no new statewide changes were introduced in 2025. The state continues to align with the federal minimum wage of $7.25 per hour, which remains unchanged. However, updates in wage thresholds and enforcement guidance continue to affect overtime eligibility for various worker groups. The table below summarises the 2025 standards relevant to overtime:

These standards ensure that employees working more than 40 hours per week are compensated fairly, while exempt categories remain clearly defined. Employers must maintain accurate records to demonstrate compliance.

Overview of Texas Overtime Laws

Texas overtime law is aligned entirely with federal FLSA requirements. Unlike some states, Texas does not mandate daily overtime; all overtime is calculated strictly on a weekly basis. Key points include:

• Weekly Overtime Requirement: Non-exempt employees must be paid 1.5× their regular rate of pay for any hours worked over 40 in a workweek.
  
• No Daily Overtime: Employees working long shifts do not automatically receive overtime unless total weekly hours exceed 40.
  
• Exempt Salary Threshold: To qualify as exempt, employees must earn at least $684/week ($35,568/year in 2025).
  
• All Employers Covered: Employers subject to FLSA coverage (based on enterprise or individual coverage definitions) must comply with overtime requirements; Texas state law does not provide additional small-business carve-outs for overtime coverage beyond federal thresholds.

This framework ensures consistency with federal standards, providing predictable protections for hourly, salaried, and tipped employees.

Eligibility for Overtime

Overtime eligibility in Texas depends on employee classification, duties, and pay level.

• Nonexempt workers: Most employees are nonexempt and must be paid overtime for hours over 40 per week. This includes hourly workers, lower-salaried employees who do not meet the exemption threshold, and tipped employees.
• Exempt workers: Must meet all three tests to qualify for exemption.
• Common exempt categories: Executives, administrators, professionals, outside salespersons, certain computer professionals.

Special Cases

• Outside Salespersons: Exempt if primarily working off-site and meeting the duties test.
  
• Computer Professionals: Exempt if compensated appropriately and performing qualifying work.
  
• Oil & Gas Workers: Certain positions may be exempt under industry-specific provisions.
  
• Public Sector Employees: Exemption depends on role and salary criteria.

Texas Federal vs. State Overtime Rules

Texas follows FLSA standards, but it’s useful to compare key aspects of minimum wage:

This shows that Texas overtime standards mirror federal law exactly, simplifying compliance efforts for employers.

Exemptions in Texas

Texas recognises exemptions for:

• Executive Employees: Manage departments, supervise at least two staff, and exercise independent judgment.
  
• Administrative Employees: Perform office or non-manual work related to management or business operations.
  
• Professional Employees: Require advanced knowledge or credentials, such as doctors, lawyers, or teachers.
  
• Outside Salespersons: Work primarily outside the employer’s business, making sales.
  
• Computer Professionals: If paid at or above the salary threshold and performing qualifying duties.
  
• Industry-Specific Employees: Certain oil & gas, healthcare, and public sector roles may also be exempt.

The job title alone does not confer an exemption; both duties and salary thresholds must be met.

Employer Obligations and Employee Rights

Nebraska closely follows federal overtime regulations, requiring employers to properly classify employees, maintain accurate records, and pay overtime promptly. Both employer duties and employee rights are well-defined to ensure fair compensation and legal compliance.

• Employee Classification: Employers must accurately designate workers as exempt or non-exempt.
• Overtime Compensation: Non-exempt employees must receive 1.5× their normal rate for hours exceeding 40 in a workweek.
•  Recordkeeping and Wage Statements: Employers are responsible for precise tracking of hours, pay rates, and classifications, and must furnish employees with wage statements.
•  Timely Overtime Payment: Overtime wages should be paid in the following regular paycheck.
• Employee Enforcement Rights: Employees can report unpaid overtime to the Nebraska Department of Labor.
• Protection and Penalties: Employees are shielded from retaliation, and employers face penalties, including back pay and legal fees, for violations