California vs Texas Overtime
Identical hours, very different paycheques. The same 50-hour week can be worth over a hundred dollars more in California, and the exemption thresholds are nowhere near each other.
Quick answer: Texas pays overtime only after 40 hours in a workweek. California pays it after 8 hours in a day, adds double time after 12, pays a premium on the 7th consecutive day, and requires a salary of about $70,300 before an employee can be exempt — against $35,568 in Texas.
Side by side
| Question | California | Texas |
|---|---|---|
| Weekly overtime | 1.5× over 40 hours | 1.5× over 40 hours |
| Daily overtime | 1.5× over 8 hours a day | None |
| Double time | 2× over 12 hours a day | None |
| 7th consecutive day | All hours premium (1.5×, then 2×) | No rule |
| Exempt salary to beat | ~$70,300 a year (2× minimum wage) | $35,568 a year ($684/week) |
| Minimum wage 2026 | $16.90 | $7.25 |
| Where to claim unpaid OT | CA Labor Commissioner (free) or court | Texas Workforce Commission Payday Law (free) |
| PTO payout on leaving | Must be paid out | Not required by state law |
Worked example: a 50-hour week at $22/hour
| Week pattern | California | Texas |
|---|---|---|
| Five 10-hour days (40 regular + 10 weekly OT) | $1,210.00 | $1,210.00 |
| Three 12-hour days + one 14-hour day (50 h) | $1,320.00 | $1,210.00 |
| One 16-hour shift + four 8.5-hour days (50 h) | $1,254.00 | $1,210.00 |
| Seven 8-hour days, 7th-day rule (56 h) | $1,408.00 | $1,408.00 |
Calculated with each state's own rules: California's 8-hour daily threshold, double time after 12 and 7th-day premium; Texas's single 40-hour weekly test.
Why the gap exists
California regulates hours directly through the Labor Code, on the theory that a long shift is a harm in itself regardless of the weekly total. Texas has no overtime statute at all, so the federal FLSA is the only floor — and the FLSA only cares about the workweek.
The exempt-salary difference matters just as much. An assistant store manager on $60,000 is non-exempt in California (below roughly $70,300) and exempt in Texas (well above $35,568). Same job title, same salary, different overtime entitlement.
Frequently asked questions
Is overtime calculated the same in California and Texas?
No. Texas uses one test — 40 hours in the workweek. California uses daily thresholds of 8 and 12 hours, a 7th-day rule and the 40-hour weekly test, paying whichever is highest.
Which state pays more overtime?
California, whenever shifts are long. A week of five 10-hour days pays identically in both states because the extra hours fall under the 40-hour weekly rule, not a daily threshold. The gap appears the moment a single shift passes 12 hours, and it widens on a seventh consecutive day.
Can my Texas employer copy California rules?
They can offer more generous terms than the law requires, and some multi-state employers apply one national policy. But in Texas you can only enforce what your contract or the FLSA provides.
I work remotely — which state's rules apply?
Generally the law of the state where the work is physically performed. An employee living and working in Texas for a California-based employer normally gets Texas overtime rules.