US · Comparison

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

QuestionCaliforniaTexas
Weekly overtime1.5× over 40 hours1.5× over 40 hours
Daily overtime1.5× over 8 hours a dayNone
Double time2× over 12 hours a dayNone
7th consecutive dayAll 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 OTCA Labor Commissioner (free) or courtTexas Workforce Commission Payday Law (free)
PTO payout on leavingMust be paid outNot required by state law

Worked example: a 50-hour week at $22/hour

Week patternCaliforniaTexas
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.

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