Yes, employers in Texas can legally require many employees to work overtime (i.e., more than 40 hours in a workweek), provided the overtime pay requirements are met and the employee is not exempt under federal law. There is no Texas state law forbidding mandatory overtime across the board, but federal and state rules govern how overtime is paid and which employees can be required to work without extra pay.
Federal Law Basics and How They Apply in Texas
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay of at least one-and-a-half times their regular rate for hours worked more than 40 in a workweek. Texas doesn’t have a separate state law that provides broader overtime rights beyond the federal standard — so the federal law is the main controlling law.
That means if you are covered (non-exempt) and your employer requires you to work extra hours, you can be required to do so, but you must be paid correctly for those hours. The employer cannot legally force you to work without proper compensation unless you are in an exempt category.
Mandatory Overtime: What Employers Can Do
In Texas, employers generally may schedule or require overtime for employees, unless contractually or by union agreement limited. A guide states: “employers in Texas generally have the authority to require employees to work overtime hours as necessary to fulfill business demands.”
Since the state law doesn’t prohibit mandatory overtime, the key questions are:
- Is the employee exempt or non-exempt under the FLSA?
- Is the overtime properly paid (1.5× rate) for non-exempt employees?
- Does the overtime requirement comply with any employment contract, union agreement, or state/local rule?
If an employer forces non-exempt employees to work overtime but fails to pay the correct premium, that may violate the FLSA and Texas wage-and-hour law.
Exempt Employees and Mandatory Overtime
One complicating factor is whether an employee is “exempt” from overtime rules under the FLSA. Exempt employees (such as certain executives, professionals, or administrative staff) may legally work more than 40 hours without overtime pay being required — depending on their duties and salary level.
If you are exempt, your employer can require more hours and is not required to pay overtime. But if you are misclassified as exempt when you are not, and you are working extra hours without overtime, you may have a legal claim.
In Texas, the employer’s ability to mandate overtime is stronger for exempt staff, but pay and classification concerns remain important.
Texas Specific Rules & Employer-Employee Considerations
- Because Texas follows the federal overtime rules, the state does not impose stricter overtime caps or ban mandatory overtime.
- Mandatory overtime may raise issues beyond pay: fatigue, health and safety, scheduling fairness, union agreements, and contract terms. While not illegal per se, mandatory overtime can trigger claims if pay rules are violated or other laws (like labor or safety) are breached.
- If an employer requires mandatory overtime and then reduces or manipulates records so hours are undercounted, the employee may file a wage-and-hour claim.
- Some sectors (such as public employees, state employees, or certain government workers) may have additional rules about overtime or compensatory time off. For example, state agency rules say state employees required to work over 40 hours must be compensated either by overtime pay or compensatory time off.
What Employees Should Know
- If you are asked to work overtime, check whether you are eligible for overtime pay (non-exempt) and whether overtime rates are being paid.
- If your employer refuses to pay overtime for required hours, you may be able to file a claim under the FLSA or Texas wage-hour laws.
- If you are exempt and being asked to do excessive overtime, legally your employer may require it, but you should ensure your classification is correct and that you are comfortable with the job expectations.
- Review any employment contract or union agreement: Some may limit or regulate mandatory overtime or provide for overtime scheduling.
- Document hours worked, scheduling changes, approvals for overtime, and whether overtime premiums are paid correctly.
Final Note
Yes in Texas, employers generally may require employees to work overtime (beyond 40 hours/week), subject to federal overtime pay rules (and state rules where applicable). The legality depends on proper classification, correct pay for non-exempt employees, and compliance with any contract or union terms. If overtime is required but pay is not correct, employees have legal rights.
