Does Texas have its own overtime law?

No. Texas does not have a state overtime law. Texas employers must follow the federal FLSA, which requires overtime pay of 1.5× the regular rate for all hours over 40 in a workweek.

Does Texas require daily overtime?

No. Texas (following federal law) only requires overtime based on weekly hours exceeding 40. There is no daily overtime threshold in Texas.

Does Texas have a state income tax?

No. Texas does not have a state income tax, which means your overtime pay is only subject to federal income tax and FICA (Social Security + Medicare). This is a significant advantage for Texas workers.

Texas Overtime Calculator 2026

Calculate your Texas overtime pay. Texas follows federal FLSA rules (1.5× after 40 hrs/week) with no state income tax.

At $25.00/hr working 45 hrs/week in Texas, your overtime rate is $37.50/hr and your weekly gross pay is $1,187.50.

Hourly Rate ($)

Total Weekly Hours

Bonuses, Tips & Tax

Regular Pay

$1,000.00

Overtime Pay (1.5×)

$187.50

Gross Total
$1,187.50

Total Hours

45.0

OT Hours

5.0

9.0

Mon

9.0

Tue

9.0

Wed

9.0

Thu

9.0

Fri

—

Sat

—

Sun

Regular OT (1.5×) DT (2×)

Calculation Breakdown

Regular Rate Regular Rate = $25/hr (base hourly rate) $25/hr

Overtime Rate (1.5×) $25 × 1.5 = $37.50/hr $37.50/hr

Regular Pay 40 hrs × $25/hr = $1000 $1000

Overtime Pay (1.5×) 5 hrs × $37.50/hr = $187.50 $187.50

Gross Total Pay $1000 + $187.50 $1187.50

Source: U.S. DOL

Texas Overtime Rules

Texas does not have its own state overtime law. Instead, Texas employers must comply with the federal Fair Labor Standards Act (FLSA), which requires:

1.5 times the regular rate for all hours worked over 40 in a workweek
No daily overtime threshold
No double time requirement
No 7th-consecutive-day rules

Source: U.S. Department of Labor — Overtime

No State Income Tax Advantage

Texas is one of the states with no state income tax. This means your overtime pay is only subject to:

Federal income tax (reduced by the 2026 "No Tax on Overtime" deduction for qualifying workers)
Social Security tax (6.2%)
Medicare tax (1.45% + 0.9% additional above $200k)

Use the tax estimate toggle above to see your approximate take-home pay.

OT Rate Regular Rate × 1.5 Time-and-a-half

Weekly Gross (40 × Rate) + (OT Hours × OT Rate) Total

Frequently Asked Questions

Can my Texas employer require overtime?

Yes. Texas employers can require employees to work overtime. There is no Texas law limiting mandatory overtime for most workers (some exceptions exist for healthcare). However, the employer must pay the overtime premium for all hours over 40.

Are salaried workers in Texas exempt from overtime?

Not automatically. The exemption depends on both the salary level and job duties, per the federal FLSA. Simply paying a salary does not exempt a worker. The employee must meet the executive, administrative, professional, computer employee, or outside sales duties test and earn above the salary threshold.

How do tips affect overtime in Texas?

For tipped employees, overtime must be calculated on the full minimum wage, not the reduced tipped wage. Tips are included in the regular rate calculation. Non-discretionary bonuses (performance, production) must also be included when calculating the overtime rate.

Can I comp time instead of overtime pay in Texas?

Private-sector employers in Texas cannot substitute compensatory time off (comp time) for overtime pay. Comp time in lieu of OT pay is only permitted for government (public sector) employees under the FLSA.