Texas Overtime & Minimum Wage Regulations | Overtime FLSA

Texas Overtime & Minimum Wage Regulations

Texas Overtime & Minimum Wage Regulations

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Minimum Wage

Texas follows the Federal minimum wage:

  • $6.55 per hour from July 24, 2008 to July 23, 2009
  • $7.25 per hour after July 24, 2009

Overtime Regulations

Because Texas follows the Federal law, employers are required to pay all non-exempt employees time and a half for all hours worked over 40 during a workweek.

Specific Exemptions

Federal law exemptions apply in Texas, but the state does not have their own specific exemptions to overtime pay requirements. The most common federal law exemptions include:

  • Professional
  • Computer Employee
  • Administrative
  • Executive

Holidays / Vacation

There is no state law in Texas that requires employees to be paid additionally for work done on weekends or holidays. Employers do not have to offer holidays, vacation time, or other pay for time not worked. These policies are at the discretion of the employer.

Meal Breaks / Rest Periods

Texas employers are not required to provide breaks to employees. If breaks are given, Federal requirements must be followed in that when breaks of 20 minutes or less are given, the employee must be paid. As long as the employee is relieved of all duties, meal breaks of 30 or more minutes can be unpaid.

Reporting Time Pay

If an employee reports to work expecting a certain number of hours but doesn’t get to work their full schedule, neither Texas nor the Federal law require payment.

Pay Periods

Employees must be paid at least twice per month under the Texas Payday Law unless the employee is exempt from overtime regulation under the Federal law. Employers are required to pay exempt employees at least once a month.

If paid twice a month, each pay period should have as close to an equal number of days as possible.


The only payroll deductions allowed per the Texas Payday law are as follows:

  • Court ordered deductions (such as child support, etc.)
  • State and Federal Law deductions
  • Deductions that the employee has authorized in writing.

Statute of Limitations

The statute of limitations in Texas is the same as Federal Law for overtime claim lawsuits, meaning claims can be made for the prior 2 years, or 3 years if the violation was willful. However, unpaid overtime wage claims filed with the Texas Workforce Commission (TWC) only cover a period of 180 days prior to filing.

State Law Remedies / Penalties

In Texas, the same Federal law remedies are available for overtime violations, where employees can recover any unpaid overtime for two or sometimes three years before filing the lawsuit. In most cases, successful plaintiffs are also entitled to “liquidated damages” which are equal to the amount of the unpaid overtime. Generally, a successful employee can recover two times the amount of unpaid overtime. A successful plaintiff may be awarded attorney’s fees and expenses as well.

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