The One Big Beautiful Bill Act (OBBBA) created a federal income tax deduction on overtime pay that benefits American hourly workers across all 50 states. But Texas workers have a specific advantage: with no state income tax, there's no second layer of tax chipping away at your overtime earnings. The federal deduction you claim is the full amount you keep. Oil field workers, refinery operators, construction crews, and warehouse employees in Texas stand to benefit from some of the largest absolute savings in the country.
Texas Workers: The Good News Is Better Here
In most states, the OBBBA overtime deduction reduces your federal tax — but your overtime pay is still fully taxed by the state. A California worker at the 9.3% state marginal rate, for example, still owes California income tax on every dollar of overtime even after claiming the federal deduction. Texas has no state income tax. That means the federal deduction is your only income tax burden on overtime, and reducing it produces a clean, uncomplicated saving.
Texas worker — $48/hr, 500 FLSA OT hrs
California worker — same income, same hours
Texas also follows federal FLSA overtime rules exactly — hours over 40 per workweek, nothing more complicated. There's no daily overtime trigger like California has, no alternate workweek schedules to navigate. Count your weekly totals, subtract 40, sum across the year. That's your deduction base.
Texas Industries with the Highest Overtime Savings
Five Texas worker profiles with their expected federal savings. All assume single filer, 2025 brackets. FICA (7.65%) still applies to all OT pay — only federal income tax is reduced.
$38/hour W-2, works 2-weeks-on/1-week-off rotation, generating heavy OT during on-weeks. Total 600 FLSA hours across the year. Single filer.
$45/hour, consistent 50–55 hour weeks during turnarounds and maintenance cycles. 500 FLSA OT hours for the year. Single filer.
$30/hour W-2 with a commercial GC. Spring through fall busy season with 50-hour weeks — roughly 400 FLSA OT hours total. Single filer.
$19/hour W-2. Peak-season mandatory OT during Q4 and Prime events, roughly 250 FLSA hours total for the year. Single filer.
$42/hour W-2 staff nurse. Picks up extra shifts totaling 300 FLSA OT hours during the year. Single filer, MAGI ~$95K.
Quick reference for all five:
| Worker | Rate | FLSA hrs | Savings |
|---|---|---|---|
| Oil/gas field worker | $38 | 600 | $2,508 |
| Refinery operator | $45 | 500 | $2,475 |
| Construction worker | $30 | 400 | $1,320 |
| Houston RN | $42 | 300 | $1,386 |
| Warehouse associate | $19 | 250 | $285 |
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How to Count Your FLSA Hours in Texas
Texas follows federal FLSA overtime rules exactly. No daily threshold, no alternate workweek schedules — just a single, straightforward weekly test. Here's how to calculate your annual qualifying hours.
- Find your workweek definition. Your employer sets a fixed 7-day workweek for FLSA purposes — check your pay stub or employee handbook. Common choices are Sunday–Saturday or Monday–Sunday.
- List total hours worked each workweek. Use pay stubs or your payroll portal. Write down actual hours for each of the year's 52 workweeks. Oil field workers on rotation: use the calendar week, not the rotation period.
- Subtract 40 from each weekly total. For each week: max(0, hours − 40). A 55-hour week contributes 15 FLSA OT hours. A 38-hour week contributes 0.
- Sum all weekly FLSA hours. Add the positive figures across all 52 weeks. This is your annual FLSA overtime hours for the deduction.
- Multiply: regular rate × 0.5 × annual FLSA hours. That's your qualified overtime premium. Enter it on Schedule 1-A of Form 1040.
W-2 and Filing in Texas
For tax year 2025, employer reporting of qualified overtime in W-2 Box 14 was voluntary under IRS Notice 2025-62. Many Texas employers — especially in energy, where payroll systems are complex — didn't break it out. If your Box 14 shows qualified overtime with labels like "QUAL OT" or "OBBBTT", use that number. If it's blank, calculate from your pay stubs.
Per IRS Notice 2025-69, use either method:
- Divide-by-3: Total time-and-a-half OT pay ÷ 3 = premium. (Example: $27,000 OT pay ÷ 3 = $9,000 premium.)
- Direct: Regular rate × 0.5 × annual FLSA OT hours.
Both produce identical results. The deduction is claimed on Schedule 1-A (new for 2025), part of the standard Form 1040 filing. Major tax software (TurboTax, H&R Block, TaxAct) all support it. Starting tax year 2026, employers must report separately — likely as a new Box 12 code — making the process even simpler.
Does Texas Plan a State Overtime Deduction?
No — and it doesn't need to. Texas has no state income tax, which means there's no state tax on overtime to begin with. "Conformity" is a concept for states that levy income tax and need to decide whether their tax code matches federal deductions. Texas opted out of state income tax permanently (constitutionally prohibited since 1993). There is nothing for Texas to conform to, and Texas workers are already in the optimal position: zero state tax on overtime, plus the federal OBBBA deduction on top.
Workers in states like California (13.3% top rate), New York (10.9%), and Minnesota (9.85%) get the federal deduction but still owe significant state tax on overtime. Texas workers owe neither. See the full 50-state guide for how every state handles the OBBBA deduction.
Frequently Asked Questions
Does Texas have its own state overtime deduction?
Texas has no state income tax, so there's nothing to conform to. The federal OBBBA deduction reduces your federal income tax — Texas workers pay zero state income tax already, so there's no second layer of savings to unlock. You're already in the best position of any state.
Since Texas has no state income tax, does that make the deduction worth more?
Yes — in a specific way. In states with income tax, workers face state tax on overtime even after claiming the federal deduction. A California worker at 9.3% state rate still owes that on their overtime pay. A Texas worker owes zero state tax on any income, including overtime. That means every dollar of federal savings from OBBBA stays in your pocket with nothing clawed back at the state level.
I work in oil and gas on a 2-weeks-on/2-weeks-off rotation — how do I count my OT hours?
Count by workweek — the 7-day period your employer uses for FLSA purposes. Track actual workweek totals from your pay stubs, not rotation totals. During on-rotations where you work 12-hour days, each workweek's hours are calculated independently. A workweek totaling 84 hours (7 × 12) generates 44 FLSA OT hours (84 − 40). A workweek totaling 60 hours (5 × 12) generates 20. Add them all up across the year — that's your annual FLSA total.
My employer is based in Oklahoma but I work job sites in Texas — which state rules apply?
For federal OBBBA purposes, it doesn't matter where your employer is incorporated or headquartered — the deduction is federal and works the same across all 50 states. Your state income tax obligation depends on where you work and live. If you live and work in Texas, you owe no state income tax regardless of where your employer is based.
I earn around $180,000 — does the phase-out affect me?
The OBBBA deduction phases out starting at $150,000 MAGI (single) or $300,000 (married filing jointly), reducing by $100 for every $1,000 above the threshold. At $180,000 single, your deduction is reduced by $3,000 ($100 × 30). If your full premium is $12,500 (the cap), your reduced deduction would be $9,500. The deduction is fully eliminated at $275,000 single. Many energy workers in Texas cross $150K — the free calculator handles the phase-out math automatically.
My hours vary widely week to week — do I add them up individually?
Yes. For each workweek, calculate max(0, hours worked − 40). Add these figures across all 52 weeks of the year. A week where you work 35 hours contributes zero OT hours. A week where you work 58 hours contributes 18. The sum of all positive weekly overages is your annual FLSA OT hours. This is the most accurate approach and the method underlying IRS Notice 2025-69.
My company pays overtime after 8 hours per day — does that matter?
Your employer can pay daily overtime as a company policy — many Texas energy and construction companies do. But for the OBBBA federal deduction, only the hours that exceed 40 per workweek are FLSA-qualifying, regardless of how your employer chooses to calculate overtime pay. Use your weekly totals to determine FLSA hours, not your company's daily calculation.
The deduction expires after 2028 — is it worth worrying about now?
Yes — the deduction applies to tax years 2025 through 2028, and you can claim it on every year's return. That's four years of savings. A Texas energy worker saving $2,500 per year claims $10,000 in total federal tax savings over the deduction's life. Congress could extend it before 2028, or let it expire — but there's no reason not to claim every year it's available.
Texas vs High-Tax States: How Much More Workers Keep
A Texas construction worker earning $30/hr with 500 overtime hours saves approximately $2,250 in federal income tax under OBBBA — and zero in state income tax because Texas has none. The same worker in California would owe an additional $675+ in California state income tax on those same overtime hours. See our construction workers guide and state tax comparison guide for the full breakdown.