Legal Question in Employment Law in Texas

The answer largely depends on facts about the employer, employee, and the type of work performed. Texas Law for most employees provides no maximum. Varying exceptions exist for children less than eight years of age, in most kinds employment. Texas law does provide for overtime pay for some workers, such as state employees, and certain employees of political subdivisions of the state.

The federal law has broader application and sets a minimum that is also available to public employees who otherwise qualify. However, generally, that law only entitles certain employees to overtime. Employees in some safety sensitive positions such as driver's of big rigs are restricted in terms of the time they spend in such safety sensitive pursuits. The most significant federal statute is the Fair Labor Standards Act (FLSA), which applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. Generally, an employer who does at least $500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, and therefore that employer's non-supervisory workers will be subject to the FLSA's protections, if none of the other exemptions apply.

Necessarily this answer is general and should not be used to answer any specific question about hours and/or wages. So as you can see it is almost always best to consult a qualified labor or employment attorney about the application of wage and hour laws to a particular employee or group of employees. Many employers underpay overtime in our country and state.