(650) 332-8623Texas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
Let’s take a deep dive into Texas labor laws, with details on all the important aspects of the state’s regulations on your employees.
What’s New in 2025?
Texas Meals and Breaks
No LawFor Lunch Breaks
No state laws for meal breaks.
If offered by employer, meals breaks are:
- Paid (<20 minutes)
- Unpaid (30+ minutes), provided the employee is fully relieved of duties.
No LawFor Rest Breaks
Texas doesn’t require rest breaks.
- Breaks are left to the discretion of employers.
- If offered, follow the same guidelines given for lunch breaks.
Texas Leave and Paid Time Off (PTO)
No state requirement: Texas does not mandate paid or unpaid sick leave. Employers are free to decide whether or not to offer sick leave, but if they do, they must follow their own policy as outlined in employee handbooks or contracts.
Texas follows the federal Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees.
The law entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons.
The law ensures that employees can take time off for their own or their family’s health-related needs without risking their job security.
Eligible employees can use FMLA leave for:
- Their own serious health condition that prevents them from working.
- Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
- The birth and care of a newborn child, or placement of a child for adoption or foster care.
- Military family leave, such as handling exigencies arising from a family member’s active duty or caring for a service member with a serious injury or illness.
Under FMLA, employers are required to maintain the employee’s health insurance coverage during the leave, just as if they were still working.
Once the leave is over, employees are entitled to return to their same position or an equivalent one with the same pay, benefits, and working conditions.
No state requirement: Texas does not require employers to provide bereavement leave for employees after the death of a family member. Employers may choose to offer this leave voluntarily as part of their benefits package.
Parental leave is available under the federal FMLA, allowing eligible employees to take up to 12 weeks of unpaid leave for the birth, adoption, or foster care of a child. Texas does not have additional parental leave laws.
No state requirement: Employers in Texas are not required to provide paid or unpaid holiday leave. Whether employees receive holiday time off, including federal holidays, is left to the employer’s discretion.
No state requirement: Texas law does not obligate employers to provide vacation leave, paid or unpaid. However, employers that offer vacation time must honor their established policies and pay out unused vacation upon termination if their policy specifies it.
No specific state law: Texas does not have laws mandating emergency leave. Employers may offer emergency leave for unforeseen circumstances, such as natural disasters, but this is generally up to the employer.
Under federal law, specifically the Uniformed Services Employment and Reemployment Rights Act (USERRA), Texas employees who serve in the military are entitled to unpaid leave when they are called to active duty or training.
Employers must allow employees to return to their jobs once their military service is completed, with the same seniority, status, and pay they would have received if they had not left for military service. This ensures that employees who serve in the military are protected from losing their employment due to their service obligations.
The law applies to all public and private employers and covers both voluntary and involuntary military service.
While the leave is unpaid, some employers may choose to offer paid military leave or allow employees to use accrued paid time off (PTO) during their absence.
Employees are responsible for notifying their employers about their military commitments in a timely manner.
No state requirement: Texas does not have specific laws requiring employers to provide leave for volunteering. Whether or not employees can take time off for volunteer work depends on employer policies.
No state requirement: There are no Texas-specific laws mandating administrative leave, which is typically leave granted for reasons such as investigations or non-disciplinary issues. This is usually at the employer’s discretion.
Texas law ensures that employees have time to vote if they don’t have at least two consecutive hours outside of their work schedule to do so.
Employers must provide enough time off to allow the employee to cast their vote.
The time off must be paid, which means that employees should not lose any wages for taking time off to fulfill their civic duty. This helps employees participate in elections without concern for their work schedules.
Employers are prohibited from retaliating or penalizing employees who take time off to vote. However, if an employee already has two consecutive hours outside of their regular work hours in which to vote, the employer is not required to provide additional time off.
Employers also retain the right to specify when the voting leave is taken, as long as the employee has sufficient time to vote.
Texas law requires that employers allow employees unpaid time off to serve on a jury when summoned.
Although there is no requirement for employers to provide paid leave for jury duty, the law protects employees from being terminated or retaliated against for serving.
This means employees are free to fulfill their civic duty without worrying about losing their jobs or facing penalties from their employer.
Employers must allow the employee to return to their job once their jury duty is completed. Some employers, as part of their internal policies, may offer paid leave for jury duty, but this is not required by law.
Employees should inform their employer as soon as they receive a jury summons so that both parties can plan accordingly for the employee’s absence.
No specific state law: Texas does not have state laws mandating leave for organ or bone marrow donation. Any leave provided for this purpose would depend on an employer’s policies or applicable federal laws, such as the FMLA for serious health conditions.
No state requirement: Texas law does not require employers to provide leave for blood donation. Whether or not employees are granted time off to donate blood is left to the employer’s discretion.
No state requirement: Texas employers are not legally required to provide leave for employees who serve as witnesses in court, unless they are subpoenaed. In such cases, while the law requires employers to allow time off, it does not mandate that this leave be paid.
Texas Wages and Overtime
$7.25/hourMinimum Wage
- Texas adheres to this federal minimum wage. There is no state-specific legislation to increase the minimum wage.
- This rate applies to most hourly employees in the state.
1.5x HourlyOvertime Rate
Per Fair Labor Standards Act (FLSA), Texas employees working more than 40 hours in a single workweek must be paid 1.5 times their regular hourly wage.
- In 2025, the minimum salary threshold for overtime exemption will increase to $1,128 per week (about $58,656 annually) for EAP (executive, administrative, and professional) employees.
- Meanwhile, the total annual compensation threshold for highly compensated employees will also increase to $151,164. Employees earning more than this are exempt from overtime pay.
$2.13/hourTipped Minimum Wage
Texas’s tipped minimum wage is $2.13 per hour.
- Employers can claim a tip credit of $5.12 per hour to meet the federal minimum wage of $7.25.
- If tips don’t cover the difference, employers must compensate the shortfall.
2x MonthlyPay Frequency
Non-exempt employees (usually hourly workers) must be paid at least twice a month in Texas. This requirement ensures workers receive their wages more frequently and can better manage their finances.
Exempt employees (typically salaried workers) can be paid less frequently, with Texas law allowing monthly pay periods for these employees.
No local minimum wage: Texas prohibits cities and counties from setting their minimum wages. This means that the federal minimum wage of $7.25 per hour applies uniformly across the state.
- There are no local variations or exceptions for higher minimum wage rates, unlike in some other states like California or New York.
- Some employers and industries may voluntarily offer higher wages based on collective bargaining agreements or company policies.
- Tipped Employees: Paid $2.13 per hour, provided tips bring total earnings to at least $7.25 per hour.
- Youth Wage: Workers under 20 can earn $4.25 per hour for the first 90 days.
- Workers with Disabilities: Can be paid less based on productivity under special FLSA certificates.
- Executive, Administrative, and Professional (EAP) Employees who meet specific salary and job duties criteria.
- Outside Sales Employees, who primarily work away from the employer’s business premises and meet specific job duties.
- Certain Seasonal and Recreational Employees, like workers in amusement parks or seasonal establishments, are also exempt from minimum wage requirements.
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Texas Prevailing Wages
$14.16Low Voltage Electrician (Basic Hourly Rate)
The lowest prevailing wage rate is for low voltage electricians, who earn an hourly rate of $14.16. This role typically involves installing and maintaining electrical systems that operate at lower voltages, such as security systems, telecommunication lines, and alarm systems. While these jobs are essential for building infrastructure, they generally involve lower risks and require fewer qualifications than other construction roles, resulting in a lower wage rate.
$45.54Elevator Mechanic (Basic Hourly Rate)
The highest prevailing wage rate in Texas is for elevator mechanics, who earn a basic hourly rate of $45.54. These skilled workers are responsible for installing, repairing, and maintaining elevators, escalators, and similar equipment, requiring technical expertise and adherence to strict safety standards. The high hourly rate reflects the specialized skills and safety protocols involved in this role.
In Texas, prevailing wages refer to the average wages paid to workers employed in construction roles on public works projects, as determined by local standards or surveys. These rates are established to ensure fair compensation based on the type of work and region where the project is located.
The Texas Government Code, Chapter 2258, mandates that workers on public works projects funded by the state or its political subdivisions must be paid according to the prevailing wage rates for their respective roles. These wages can vary widely based on location, type of construction work, and other factors.
Texas Prevailing Wage Resources
- U.S. Department of Labor – Davis-Bacon and Related Acts: Overview of the Davis-Bacon Act, which governs prevailing wage laws for public works projects.
- Texas Statutes – Government Code Chapter 2258 (Prevailing Wage Rates): Legal framework governing the payment of prevailing wages for public works contracts in Texas.
- The SAM.gov Wage Determinations site provides comprehensive, up-to-date federal wage rates for construction projects across the U.S., including Texas, making it ideal for those seeking official wage information for federally funded contracts.
- The Texas Building Trades website provides an overview of prevailing wage laws and their application in the state of Texas. It offers resources and information on wage rates for different trades, particularly focusing on unionized workers and their advocacy for fair wage standards on construction projects throughout Texas.
- The University of Texas System Prevailing Wage Rates offers wage data specific to construction projects associated with UT campuses, helping contractors comply with university and regional wage standards.
Texas Child Labor Laws
<14 Years
Laws in Texas for children under 14
Children under 14 are generally prohibited from working in Texas, except for certain exempt jobs like babysitting, working for a family business, newspaper delivery, or performing in the entertainment industry.
14 – 15 Years
Laws in Texas for minors aged 14 to 15
Children ages 14 and 15 are allowed to work, but only within strict limitations. They can work outside of school hours for a maximum of:
- 3 hours on a school day or 8 hours on a non-school day.
- 18 hours in a school week or 40 hours in a non-school week.
- Work hours are limited to 7 a.m. to 7 p.m. (extended to 9 p.m. between June 1 and Labor Day).
16 – 17 Years
Laws in Texas for minors aged 16 to 17
Teens aged 16 and 17 are permitted to work with fewer restrictions than younger children.
- Not limited in their hours and can work any time of day.
- They are still prohibited from working in certain hazardous occupations, including roofing, excavation, and operating heavy machinery.
Other Essential Texas Labor Laws
Health and Safety Standards in Texas
In Texas, employers must adhere to both federal and state-level health and safety regulations to ensure a safe workplace. These standards are primarily governed by the federal Occupational Safety and Health Act (OSHA) but may be supplemented by state-specific guidelines for certain industries.
In Texas, employers must:
- Comply with OSHA regulations: Texas follows the federal OSHA guidelines that require employers to maintain a safe and hazard-free working environment.
- Provide safety training: Employers must ensure workers receive adequate training in safety procedures, especially in industries like construction, manufacturing, and oil and gas.
- Display safety posters: Employers are required to post OSHA information on employees’ rights and safety obligations in a visible location at the workplace.
In Texas, employees should:
- Report unsafe conditions: Workers are encouraged to report any unsafe or hazardous conditions to their employer or OSHA if corrective measures are not taken.
- Utilize protective equipment: Employees should use any provided personal protective equipment (PPE) as required by the job, such as helmets, goggles, or gloves.
- Attend safety training: Employees must participate in employer-provided safety training and follow established safety procedures.
Report health and safety violations (unsafe working conditions) in Texas to:
Hiring and/or Firing Employees in Texas
Texas follows the at-will employment doctrine, meaning that employers or employees can terminate the working relationship at any time, for any lawful reason, or for no reason at all, without prior notice.
Employers have broad authority to hire, promote, or fire employees as long as their decisions don’t violate anti-discrimination laws or breach any existing contracts.
Similarly, employees can leave their job without providing notice or reason, unless bound by an employment contract that states otherwise.
Texas is a right-to-work state, which means that employees cannot be required to join or pay dues to a labor union as a condition of employment.
This law protects workers from being forced into union participation and ensures that individuals are free to work in unionized environments without being pressured to join or financially support the union.
Employers cannot deny employment based on a worker’s decision to join or refrain from joining a union, protecting both union and non-union workers alike.
Employers in Texas are allowed to conduct background checks on job applicants. However, they must comply with federal guidelines under the Fair Credit Reporting Act (FCRA), which requires obtaining the applicant’s written consent before running the check and notifying them if adverse actions are taken based on the findings.
Texas does not have state-specific laws governing drug testing in private employment. Employers can require applicants and employees to take drug tests, provided the policy is applied consistently and does not violate any anti-discrimination or privacy laws.
Employers must ensure that background checks and drug tests are relevant to the position and do not result in discriminatory practices based on race, gender, or disability.
Texas adheres to both federal and state laws ensuring Equal Employment Opportunity (EEO), which prohibits discrimination based on race, color, national origin, sex, religion, disability, age (40 or older), or genetic information during hiring, promotion, or firing processes.
In addition to federal EEO laws, Texas provides protections under the Texas Labor Code, which further prohibits workplace discrimination.
Employers are required to treat all job applicants and employees fairly in hiring, termination, and promotion decisions, ensuring that no employment action is based on an individual’s membership in a protected class.
Anti-Discrimination Laws in Texas
Employers in Texas are prohibited from discriminating against job applicants and employees based on various protected characteristics. These laws are enforced by both federal and state agencies, ensuring fairness in the workplace.
1. Protected characteristics.
Employers may not discriminate based on:
- Race or color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information (e.g., family medical history)
2. Texas Workforce Commission (TWC).
- The TWC is responsible for enforcing the state’s anti-discrimination laws.
- These laws mirror federal Equal Employment Opportunity (EEO) standards, which are enforced by the Equal Employment Opportunity Commission (EEOC).
- Employees can file a discrimination claim with the TWC or the EEOC within 180 days from the date of the discriminatory act (for TWC) or 300 days (for EEOC).
Employee Resignation or Termination in Texas.
Texas operates under the at-will employment doctrine, meaning that both employers and employees can terminate employment at any time, with or without cause, as long as no illegal reason is involved.
1. Voluntary resignation.
- Employees can quit their job at any time, without any obligation to provide notice, unless specified in an employment contract.
- No Texas state law requires employees to give advance notice before resigning, though giving notice is often encouraged for professionalism.
2. Involuntary termination.
- Employers can terminate employees for any lawful reason, but must provide terminated employees with their final paycheck within six days of the firing.
- If an employee resigns voluntarily, they are entitled to receive their final wages by the next scheduled payday.
Unemployment Benefits in Texas
Workers who lose their jobs through no fault of their own may be eligible for unemployment benefits in Texas, which provide temporary financial assistance.
1. Eligibility requirements.
To qualify, workers must meet certain criteria such as having worked a minimum amount of time, earning enough wages during the base period, and losing their job for reasons that are not their fault (e.g., layoffs).
2. Active job search requirement.
While receiving benefits, workers must be actively seeking new employment and regularly report their job search activities to the Texas Workforce Commission (TWC).
3. TWC management.
The TWC oversees unemployment benefits and determines eligibility on a case-by-case basis.
COBRA Benefits in Texas.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees to maintain their group health insurance coverage after leaving employment, under specific circumstances.
1. Employer eligibility.
Texas employers with 20 or more employees are required to offer COBRA continuation coverage to departing employees.
2. Coverage costs.
Employees must pay the full health insurance premium, plus an additional 2% administrative fee to maintain their coverage.
3. Duration of coverage.
COBRA coverage typically lasts for up to 18 months but can extend under certain conditions (e.g., disability).
Final Paychecks in Texas.
When an employee leaves a job, whether through resignation or termination, Texas law dictates specific rules about when and how they should receive their final paycheck.
1. Involuntary Termination.
If an employee is fired, laid off, or otherwise involuntarily terminated, the employer must provide the final paycheck no later than six calendar days after the termination.
The final paycheck must include all wages earned up to the termination date, including:
- Regular wages
- Unpaid overtime
- Commissions (if applicable)
- Any accrued vacation or paid time off (PTO), if the employer has a policy of paying out unused vacation.
2. Voluntary Resignation.
- When an employee voluntarily resigns, they are entitled to receive their final paycheck by the next regularly scheduled payday.
- Similar to termination, the final paycheck must cover all earned wages through the last day of employment, though employers are not required to pay out unused vacation or PTO unless company policy states otherwise.
3. Deductions.
Employers may deduct authorized amounts from the final paycheck, such as for taxes or pre-agreed deductions (e.g., loan repayments, benefits). However, deductions must comply with Texas Payday Law, which prohibits unauthorized or unfair deductions.
4. Unpaid Wages.
Employees can file a wage claim with the Texas Workforce Commission (TWC) if they do not receive their final paycheck on time or if they believe their employer has withheld rightful earnings.
Looking for other state-specific labor laws? Check out these guides:
- Montana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Nevada Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Arkansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Hawaii Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Kentucky Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Michigan Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Indiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Delaware Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- New York Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Ohio Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Oklahoma Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Vermont Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Wisconsin Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
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Texas Recordkeeping Requirements
Employers in Texas must follow federal and state guidelines for maintaining accurate employment records. These requirements ensure transparency, compliance with labor laws, and protection of employee rights.
1 Year
Employers must retain these documents for at least one year:
The Equal Employment Opportunity Commission (EEOC) requires employers to keep all employment records for at least one year from the employee’s date of termination. This can include hiring documents, job applications, and termination paperwork.
2 Years
Employers must maintain certain records related to wages and earnings for at least two years:
- Timecards, work schedules, wage-rate tables, and similar records that show hours worked, pay rates, and wages paid.
- Documentation that justifies differences in wages between employees, such as seniority systems, merit systems, job evaluations, and collective bargaining agreements.
- Documents reflecting the business’s shipping, billing, and sales transactions, which can be used to verify wage payments.
3 Years
Employers must keep the following records for a minimum of three years:
- Payroll data, including employee pay rates, hours worked, overtime wages, and employment contracts or agreements.
- Any collective bargaining agreements that affect wages, benefits, or working conditions should be retained for at least three years.
- Detailed documentation of sales transactions, purchase agreements, and related financial records that can impact wage calculations.
- Completed copies of each employee’s Form I-9 (used for verifying work eligibility) must be kept for at least three years after hiring. If the employee’s tenure exceeds three years, the I-9 should be retained for one year after termination.
Penalties for Labor Law Noncompliance in Texas Wages
2x Unpaid WagesWage and Hour Violations
Employers who fail to pay employees their rightful wages may be subject to pay up to two times the amount of unpaid wages as liquidated damages. They may also be required to cover the employee’s legal fees if a lawsuit is filed for wage recovery.
$1,000+ Overtime Violations
If employers violate the Fair Labor Standards Act (FLSA) by not paying overtime, they may be required to pay back wages plus an equal amount in liquidated damages. They may also face civil penalties of up to $1,100 per violation if the Department of Labor (DOL) determines that the violation was willful.
$10,000+Child Labor Law Violations
Employers found violating Texas child labor laws may be fined up to $10,000 per violation.
For particularly egregious violations, such as employing minors in hazardous conditions, fines may exceed $10,000, with the possibility of additional penalties depending on the severity and frequency of the offenses.
$15,625 Health and Safety Violations (OSHA)
Employers who violate federal Occupational Safety and Health Administration (OSHA) regulations can face severe fines up to $15,625 per violation.
Employers must also post the results of OSHA inspections and penalties at the job site for workers to see.
In Texas, labor law violations are investigated and addressed by…
Texas Workforce Commission (TWC):
- Enforces state labor laws, including wage and hour disputes.
- Investigates claims related to unpaid wages, final paycheck disputes, and retaliation.
- Provides a formal process for filing wage claims and labor law complaints.
U.S. Department of Labor (DOL):
- Oversees federal labor law violations under acts such as the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).
- Investigates wage and hour violations, overtime disputes, and child labor law compliance.
- Conducts audits and imposes penalties for federal violations in Texas workplaces.
Occupational Safety and Health Administration (OSHA):
- Handles workplace safety violations and ensures compliance with federal health and safety regulations.
- Investigates reports of unsafe working conditions, conducts inspections, and issues citations for noncompliance.
- Offers protections for employees who report safety violations (whistleblowers).
Equal Employment Opportunity Commission (EEOC):
- Investigates claims of workplace discrimination, harassment, and retaliation based on race, color, religion, sex, national origin, age, disability, or genetic information.
- Works alongside the Texas Workforce Commission Civil Rights Division to handle EEO-related complaints.
- Can impose penalties and mandate corrective actions, such as compensation, reinstatement, or training.
Texas Department of Insurance (TDI):
- Oversees workers’ compensation compliance in Texas.
- Investigates employers who fail to provide workers’ compensation coverage or notify employees of non-coverage.
- Addresses claims of noncompliance and penalizes employers who violate workers’ compensation requirements.
Under Texas labor laws, the minimum wage is $7.25 per hour, which aligns with the federal minimum wage. Texas does not have a state-specific minimum wage, meaning all employers must comply with this federal standard unless local city ordinances require higher pay for municipal employees or contractors. Employers must also ensure that tipped workers receive enough tips to make their total pay equal to or above the minimum wage. If not, the employer must make up the difference.
Texas follows federal exemptions for overtime pay under the Fair Labor Standards Act (FLSA). Employees in executive, administrative, and professional roles who earn at least $684 per week (or $1,128 per week starting January 2025) are exempt from overtime pay. Outside sales employees and certain seasonal or recreational workers are also exempt. To qualify, employees must meet both salary and job duties requirements. Workers earning below these thresholds are entitled to overtime pay for hours worked over 40 in a week.
Texas labor laws do not require employers to provide rest or meal breaks for adult employees. However, if an employer chooses to offer breaks, short breaks (typically 5 to 20 minutes) must be paid. Meal breaks of 30 minutes or more are generally unpaid, as long as the employee is relieved of all duties during the break. For minors, Texas law mandates a 30-minute meal break if the work shift exceeds 5 hours. Many employers voluntarily offer breaks as part of their internal policies.
Yes, tipped employees in Texas can be paid a lower wage of $2.13 per hour, as long as their combined wages and tips meet the federal minimum wage of $7.25 per hour. Employers must ensure that the total earnings, including tips, meet or exceed this threshold. If tips are insufficient, the employer is required to cover the shortfall. This rule ensures tipped employees still earn a livable wage, even with a lower base pay.
Texas labor laws regulate youth employment for individuals under 18 years old, restricting the hours they can work and the types of jobs they can do. Minors aged 14-15 can work outside of school hours but for no more than 8 hours a day or 40 hours a week during the summer. During the school year, they can work up to 3 hours on a school day and 18 hours a week. Youth workers under 20 can also be paid a training wage of $4.25 per hour for the first 90 days of employment.
Under Texas labor laws, when an employee is terminated, their employer must issue the final paycheck within six days of the termination. This includes any wages earned up to the last day of employment. If the employee quits voluntarily, the final paycheck must be paid no later than the next regularly scheduled payday.
Texas does not require employers to pay unused vacation time or other benefits unless stipulated in the employee’s contract or company policy. It’s important for both employers and employees to clearly understand the company’s written policies regarding termination payments.
Texas follows federal guidelines for overtime pay under the Fair Labor Standards Act (FLSA). Employees must receive 1.5 times their regular pay for any hours worked over 40 hours in a workweek unless they are exempt from overtime due to their job role and salary level.
Non-exempt employees are entitled to this overtime pay, while exempt employees, such as those in executive or administrative positions, must meet both salary and job duties requirements to be excluded from overtime pay. It’s important to check if your job is categorized as exempt or non-exempt to determine eligibility for overtime pay.