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Employment · Texas

Can I sue for unpaid overtime in Texas?

the short answer

Texas has no overtime law of its own, so the right above is the whole of the right. What Texas adds is a way to collect it that costs nothing to start: a wage claim filed with the Texas Workforce Commission, which investigates and orders payment. It has to be filed within 180 days of the date the wages were due.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.
plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.
penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.
limit2 yearssource ↗Not yet checked against the statute.
alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Which overtime law applies in Texas?

governing statute

Tex. Lab. Code § 61.051 (Texas Payday Law)

source ↗Not yet checked against the statute.

Where do you report unpaid overtime in Texas?

free route

The Texas Workforce Commission takes a Payday Law wage claim online or on paper, and it must be received within 180 days of the date the wages were due — the date it arrives is the date that counts. If part of what you are owed falls inside the 180 days and part outside, file for the part inside. There is a limit on how much the Commission may award, and it cannot touch a claim at all once the employer is in bankruptcy.

source ↗Not yet checked against the statute.

Which court hears a case like this in Texas?

which court

Justice Court

source ↗Not yet checked against the statute.

How much can you sue for in Texas small claims court?

small claims limit

$20,000

source ↗Not yet checked against the statute.

exceptions: The claim has to be for less than this, not up to it, excluding statutory interest and court costs.

source ↗Not yet checked against the statute.

What else should you know in Texas?

also

The 180 days is the Workforce Commission's deadline, not the federal one. Miss it and you lose the free route, not the claim: the federal case above still has two years, or three if the violation was willful.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Texas. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

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