A biweekly paycheck may show 80 total hours, even when your schedule included one week over 40 hours and another below 40. That can make it hard to tell whether overtime was paid correctly. In Texas, overtime hours generally cannot be averaged across a two-week pay period to avoid paying for overtime in a particular workweek. Moore & Associates helps Houston workers understand wage-and-hour questions, and this guide explains how the weekly calculation works, how sample schedules expose a possible shortfall, and what to compare on a paystub.
Why Texas overtime hours must be checked workweek by workweek
For most covered, nonexempt employees, the federal Fair Labor Standards Act (FLSA) requires overtime pay for hours worked over 40 in a fixed workweek. The standard is generally at least one and one-half times the employee’s regular rate for those overtime hours. Texas employees commonly rely on this federal standard. A biweekly pay period is a payroll schedule; it does not turn two workweeks into one overtime calculation.
An employer’s workweek is a recurring, fixed period of 168 hours, or seven consecutive 24-hour periods. It may start on any day and at any time, and it does not have to match Monday through Sunday or the dates on a paycheck. Each workweek is reviewed separately, even when payroll combines both weeks into one deposit.
Sample two-week schedules
Suppose your first workweek has 46 hours and the second has 34. The biweekly total is 80, but the first week has six hours over 40. A calculation that simply averages 80 hours across two weeks and treats each as 40 would miss those overtime hours.
Now consider 42 hours in week one and 38 in week two. That is also 80 hours total, but week one has two overtime hours. The low-hours second week does not erase them. Workers with rotating or compressed schedules can also find it helpful to see how compressed Texas work schedules can create weekly overtime gaps.
How to compare a biweekly paystub with each workweek
Start by identifying the employer’s established workweek, rather than assuming the pay-period dates define it. Then sort your actual work time into those seven-day blocks. A paycheck may combine wages for both weeks, so its total-hours line alone may not show whether overtime was calculated separately for each week.
A practical review can include:
- The start and end of each workweek, based on the employer’s established schedule.
- Daily start and stop times, meal periods, and any work performed before or after a scheduled shift.
- Hours recorded by the timekeeping system and the hours shown on payroll records.
- The overtime hours and rate listed for each workweek, if the paystub breaks them out.
- Whether additional compensation, such as certain nondiscretionary bonuses, affects the regular rate used in the calculation.
Not every paid hour is necessarily an hour worked for the weekly overtime threshold. Paid vacation, holiday, or sick time may increase the paid hours shown on a check without counting as hours actually worked. For more detail, see why paid vacation and holiday hours may not count as hours worked for overtime.
Compare your own schedule with punches and payroll records, especially if the totals do not match. How to compare time-clock punches with payroll records can help explain why recorded minutes and payroll totals may differ. Houston workers may also contact the U.S. Department of Labor’s Wage and Hour Division for information about federal wage rules; which process applies can depend on the facts.
What to do if a high-hours week appears unpaid
A paystub review is a starting point, not always the whole picture. Job duties, the employee’s classification, the employer’s workweek, and other compensation can affect an overtime analysis. In Houston, preserving records that show what work was performed and when can help clarify a question about a particular paycheck.
Consider organizing copies of schedules, time-clock records, paystubs, work calendars, and relevant messages. Note which workweek each record covers. Keep your own factual notes about hours worked, including tasks performed outside a scheduled shift. Do not alter employer records or take confidential information you are not authorized to access.
An employer may have a policy requiring advance approval for overtime. That policy is a separate issue from whether compensable overtime hours must be paid. Depending on the circumstances, an employer generally cannot avoid paying for overtime it knew or had reason to know was worked simply because it was not approved in advance. Read more about whether an employer must pay for overtime worked without advance approval.
If your comparison suggests a possible underpayment, you can review Houston unpaid overtime claim information and learn about the time limits for bringing a Texas unpaid overtime claim. Time limits can depend on the legal claim and circumstances, so a two-week payroll total should not be the only factor in deciding whether to seek guidance.
Frequently Asked Questions
Does my employer’s workweek have to start on Monday?
No. An employer’s workweek can begin on any day and at any hour, provided it is a fixed, recurring 168-hour period. It may differ from the calendar week and from the biweekly pay period. Identifying the correct start and end times matters because overtime is ordinarily assessed within each workweek, not by dividing the pay-period total in half.
If I worked 80 hours in two weeks, can I still be owed overtime?
Yes, depending on how those hours were distributed and whether you are covered and nonexempt. For example, 44 hours in one workweek and 36 in the next equals 80 total hours but includes four hours over 40 in the first week. A two-week total does not reveal the weekly distribution, so compare the hours in each established workweek.
Does a salary automatically mean I am exempt from overtime?
No. Being paid a salary by itself does not automatically remove overtime protections. Exempt status generally depends on applicable pay requirements and the employee’s actual duties, among other factors. Job titles alone do not settle the question. The relevant analysis can be fact-specific, so a paystub or offer letter by itself may not provide a complete answer.
What if I worked overtime without getting advance approval?
An approval policy does not automatically eliminate the obligation to pay for overtime that was compensable and worked. The facts can matter, including whether the employer knew or had reason to know the work was being performed. An employer may address violations of its approval policy separately, but payment and workplace discipline are different questions.
How Moore & Associates Can Help
Moore & Associates is dedicated to helping Houston workers understand unpaid overtime and wage-and-hour questions. A review may consider how your employer defines the workweek, how your hours were recorded, and whether the biweekly payroll total obscures overtime in an individual week. The firm is committed to fighting for workers’ rights and can evaluate the circumstances and records relevant to your concerns. If you are unsure what your paystub shows, contact Moore & Associates to request a free consultation or case evaluation.
Legal disclaimer: This article discusses general federal overtime principles as they apply in Texas. Laws vary by location and may change after publication. The information is for educational purposes only and does not constitute legal advice. Contact an attorney licensed to practice in Texas for advice specific to your situation.
