Being Denied Overtime in Texas
My employer isn't paying me overtime — here's what Texas law says and what to do next.
Statute: 29 U.S.C. § 207 (FLSA); Tex. Lab. Code § 61.001
Deadline: 180 days
Penalty: Texas has no state overtime statute beyond the FLSA. The Texas Workforce Commission (TWC) has a 180-day filing window for wage complaints. Under FLSA, employer is liable for unpaid overtime plus liquidated damages
What is being denied overtime?
The rule is older than your grandparents and it hasn't changed: work more than 40 hours in a single workweek and your employer owes you at least 1.5 times your regular rate for every hour past 40. That's the Fair Labor Standards Act, on the books since 1938.
It covers most hourly workers automatically. If you're salaried but earn less than $684 a week ($35,568 a year), you're owed overtime no matter what your job title says. Above that salary line, your employer can call you "exempt" — but only if your actual day-to-day duties fit one of the narrow categories the DOL spells out (executive, administrative, professional, computer, or outside sales). The label isn't enough; the duties have to match.
One thing worth knowing: the DOL tried to raise the salary threshold to $58,656 in 2024, which would have pulled millions of mid-level salaried workers back into overtime eligibility. A federal judge in Texas vacated the rule in November 2024, so the line is still $35,568 going into 2026.
What to Do If Your Employer Doesn't Pay Overtime
Cases get won on records, not memory. Start there.
Step 1: Keep your own time log. Note when you start, when you stop, and every break. A notebook, a phone app, even photos of the time clock — anything contemporaneous beats your boss's word in front of a DOL investigator.
Step 2: Check the math on your pay stubs. Pull every week you cracked 40 hours. The overtime hours have to be paid at 1.5× your regular rate, and the "regular rate" includes most non-discretionary bonuses and commissions — which is why a lot of overtime claims are even bigger than people first think.
Step 3: Put it in writing. A short email to HR or your manager asking them to correct the underpayment is enough. Save the response (or the silence).
Step 4: File the complaint. The DOL Wage and Hour Division takes complaints at 1-866-487-9243 or online at dol.gov. You can also call an employment attorney — most take overtime cases on contingency, so there's no money up front.
How Texas differs from federal law
Texas does not have a separate state overtime law. Overtime is governed entirely by the federal FLSA:
- Standard federal rules apply: 1.5x pay after 40 hours/week for non-exempt employees
- No daily overtime: Unlike California, Texas does not require overtime for working more than 8 hours in a single day
- At-will employment: Texas is an at-will state, meaning employers can terminate employees for almost any reason. However, they cannot retaliate against you for filing a legitimate wage complaint.
- Right-to-work state: Texas is one of 26 right-to-work states, meaning you cannot be required to join or pay dues to a union as a condition of employment.
Additional steps in Texas
File a wage complaint with the Texas Workforce Commission (TWC) at twc.texas.gov or call (800) 832-9243. You can also file directly with the federal DOL.
What you should NOT do
Don't work off the clock. If your boss tells you to clock out but finish the task, that's textbook wage theft. Make a quick note of when it happened and what you were asked to do.
Don't take "you're exempt" at face value. Run the salary and duties tests yourself. If anything's off, you may be owed years of back pay.
Don't sit on it. The FLSA gives you 2 years from each paycheck (3 if the violation was willful). Wait too long and the earliest weeks fall off the back end of your claim.
Don't quit before you file. You can file while you're still on the payroll, and retaliation for filing a wage complaint is itself illegal under FLSA §15(a)(3).
Don't wait — the clock is ticking.
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Generate your overtime pay demand →This page is general legal information for Texas, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Texas.