Texas Overtime Calculator: 2026 FLSA Paycheck & Take-Home Pay

Texas wage and hour regulations are governed by a dual framework: the federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 207) controls the overtime multiplier and hours threshold, while the Texas Labor Code establishes the state minimum wage and enforces wage payment timelines through the Texas Workforce Commission (TWC).

1. Weekly-Only Overtime (1.5× Regular Rate After 40 Hours)

Under federal FLSA regulations (29 C.F.R. Part 778), non-exempt employees in Texas are entitled to overtime pay at one and one-half times (1.5×) their regular rate for all hours worked over 40 in a single employer-established 7-day workweek.

Texas has NO daily overtime requirement. An employer can require an employee to work 10, 12, or 16 hours in a single workday without paying overtime rates, provided the employee's total weekly hours do not exceed 40. Daily overtime exists only in four states: California, Alaska, Colorado, and Nevada. Moreover, Texas law does not mandate premium pay for work on weekends or holidays unless those hours push total weekly hours past 40.

2. The $7.25 Minimum Wage (Texas Labor Code § 62.051)

Under the Texas Minimum Wage Act (Texas Labor Code § 62.051), Texas directly adopts the federal minimum wage rate established under Section 6 of the Fair Labor Standards Act (29 U.S.C. § 206). Because Congress has not adjusted the federal rate since July 24, 2009, Texas's statutory minimum wage has remained locked at $7.25 per hour for over 17 years.

Consequently, the absolute statutory minimum overtime rate in Texas is $10.88 per hour ($7.25 × 1.5 = $10.875, rounded to the nearest cent). Texas Labor Code § 62.0515 explicitly preempts local municipalities (such as Austin, Dallas, Houston, or San Antonio) from enacting local city or county minimum wage ordinances higher than the state standard.

3. The Texas 0% State Income Tax Edge

The Texas Constitution (Article VIII, Section 24-a, approved overwhelmingly by Texas voters in 2019) strictly bans any state personal income tax. Texas is one of nine states in the nation with zero (0%) state personal income tax.

Because there is no Texas state income tax withholding, Texas employees keep significantly more of their overtime earnings compared to workers in states with heavy progressive income taxes like California (up to 13.3%) or New York (up to 10.9%). The only mandatory statutory payroll deductions from a Texas overtime paycheck are federal income tax and federal FICA taxes (6.2% Social Security up to $184,500, plus 1.45% Medicare).

4. Exempt Salary Threshold: Federal $684/Week

Because Texas does not have an independent state wage and hour division or state overtime threshold, Texas employers follow the federal FLSA standard under 29 C.F.R. Part 541:

• Salary Basis Test: The employee must be paid a predetermined, fixed salary of at least $684.00 per week ($35,568.00 annually).
• Job Duties Test: The employee's primary day-to-day job duties must satisfy the statutory legal criteria for an Executive, Administrative, or Professional exemption.

Employees earning below $684 per week, or whose job duties do not require regular discretionary executive or administrative authority, cannot be classified as exempt from overtime pay, regardless of whether they are paid on a salary or have an official managerial title.

5. The Texas Payday Law (Texas Labor Code Chapter 61)

While Texas has no state overtime rate statute, the Texas Payday Law (Texas Labor Code Chapter 61) provides strong statutory protections governing when and how earned wages must be paid:

• Payday Frequency: Non-exempt employees covered by the FLSA must be paid at least twice per calendar month (semi-monthly or bi-weekly). Exempt employees may be paid once per month. Paydays must be designated in advance and posted in the workplace.
• Involuntary Separation (Fired or Laid Off): Under Texas Labor Code § 61.014(a), an employee who is discharged, fired, or laid off must be paid their final paycheck—including all earned wages and overtime—in full within 6 calendar days of termination.
• Voluntary Separation (Quits or Resigns): Under Texas Labor Code § 61.014(b), an employee who resigns or quits must be paid in full on the next regularly scheduled payday following the resignation date.
• TWC Wage Claims (180-Day Window): If an employer refuses or fails to pay earned wages or overtime, the employee can file an administrative wage claim with the Texas Workforce Commission (TWC) under Texas Labor Code § 61.051. The claim must be filed within 180 calendar days of the date the wages were due. TWC has full legal authority to subpoena payroll records, levy administrative penalties, and issue binding payment orders against non-compliant employers.