State Law > Texas > Texas Overtime Pay Law

Texas Overtime Pay Law

 

Texas does not have a general law regarding overtime pay, but the following sectons of the Texas Statutes and Code concern this subject.

Sec. 142.012. Overtime Compensation for Certain Police Department Officers and Civilian Employees

(a) This section applies only to a municipality with a population of one million or more that has not adopted Chapter 143.

(b) Subject to the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), a municipality may but is not required to establish a system under which compensation is paid or compensatory time off is allowed for overtime worked by the following officers and employees of the municipality's police department:

(1) a police officer who has a rank above the rank of captain and whose appointment to the officer's current rank was not based at least in part on the officer's performance on a competitive examination; or

(2) a civilian who receives a salary greater than the lowest base salary that the municipality pays a captain and whose appointment to the civilian's current position was not based at least in part on the civilian's performance on a competitive examination.

Sec. 2258.021. Right to Be Paid Prevailing Wage Rates.

(a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid:

(1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and

(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

(b) Subsection (a) does not apply to maintenance work.

(c) A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in theexecution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state.

Sec. 2258.022. Determination of Prevailing Wage Rates.

(a) A public body shall determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed for each craft or type of worker needed to execute the contract and the prevailing rate for legal holiday and overtime work by:

(1) conducting a survey of the wages received by classes of workers employed on projects of a character similar to the contract work in the political subdivision of the state in which the public work is to be performed; or

(2) using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C.Section 276a et seq.), if the survey used to determine that rate was conducted within a three-year period preceding the date the public body calls for bids for the public work.

(b) The public body shall determine the general prevailing rate of per diem wages as a sum certain, expressed in dollars and cents.

(c) A public body shall specify in the call for bids for the contract and in the contract itself the wage rates determined under this section.

(d) The public body's determination of the general prevailing rate of per diem wages is final.

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