Fair Labor Standard Act in Texas for Exempt & Non Exempt Employees

The Fair Labor Standards Act helps protect workers.

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Enacted in 1938 by President Franklin D. Roosevelt, the Fair Labor Standard Act (FLSA) sets minimum wage and overtime requirements for workers in the United States. Employers and employees in Texas must understand the guidelines for exempt and non-exempt workers.


Public and private employers must follow all provisions mandated under FLSA. FLSA categorizes employees as either exempt or non-exempt for overtime pay. FLSA exemptions depend on an employee's salary and job category. For example, employees making more than $445 per week are exempt from FLSA overtime provisions. Employees receive the same minimum wage protections in Texas as stipulated under federal law ($7.25 per hour is the mandatory minimum).

Exempt Workers

In Texas, exempt workers do not receive overtime or compensatory time as outlined in FLSA. Exempt workers include contract workers, state employees and administrative staff. An exempt worker can qualify for state compensatory time in lieu of money. However, federal provisions for compensatory time do not apply.

Non-Exempt Workers

Non-exempt employees must be paid on a time and one-half their hourly wage schedule for overtime. For example, public safety workers have a 240-hour compensatory time limit before it becomes mandatory to receive pay.

About the Author

Sandra Campbell is a writer, actor and corporate language trainer. She has taught ESL courses for adults and children and was honored with language trainer of the year in 2006. Campbell self-published “A Practical Guide to Learning American English” in 2010. She also writes screenplays, articles and poetry and has performed in film and theater productions.

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