Texas Overtime Claim FAQ
Answers from Houston Employment Lawyers
Understanding some of the basics of Texas’s payday and overtime laws
is crucial if you are going to enter a legal dispute with your employer.
At Moore & Associates, we want our clients to be empowered so they
stand a greater chance of winning their cases. To this end, we have compiled
a useful frequently asked questions list you should review if you have an
overtime claim pending or in the works. If you know that you need legal guidance and
advocacy right away, you can also
contact us online or call
713.581.9001 to request a
free case evaluation.
Frequently asked questions about Texas unpaid overtime claims:
What is the minimum overtime pay I can earn in Texas?
The minimum wage in Texas (circa 2016) is $7.25 an hour and overtime requires
employees to earn 1.5x their normal rate. This equates to a minimum overtime
rate of $10.88 per hour of overtime worked.
What is the minimum cash wages in Texas?
An employee that earns tips can have their cash wages reduced by their
employer to “make up for the difference.” In Texas, the minimum
cash wage is $2.13 per hour worked while receiving tips. An employee is
considered a “tipped employee” in Texas so long as they receive
more than $20 in tips a month.
What is misclassification?
Some employees should be paid hourly wages but instead are paid through
a salary or commission, either intentionally or mistakenly. This is known
as misclassification. If a misclassified employee is correctly placed
into hourly wages later, they may be entitled to all of the overtime they
should have earned while misclassified.
Are all salaried employees ineligible for overtime pay?
No. Independent contractors are usually salaried and usually do not qualify
for overtime pay, but this is not a certainty. Job descriptions and work
duties may vary from employment to employment, enough so that a salaried
worker actually should earn overtime. Always check with an employment
law attorney if you have the feeling you should be earning overtime but
are not due to an employer's mistake.
If I am eligible for overtime pay in Texas, when do I start earning it?
Texas only uses a weekly overtime limit, which begins once an employee
works more than 40 hours in one work week for one employer. There is no
daily overtime limit. For example, a person could be schedule for three
12-hour shifts a week, completing 36 hours each work week, and not be
eligible for any overtime despite the long workdays.