Texas Day-Rate, Job-Rate & Piece-Rate Overtime Pay Calculator
Determine statutory weekly overtime compensation for Texas oilfield drilling technicians, pipeline inspectors, haul drivers, construction trades, and pieceworkers under FLSA 29 C.F.R. § 778.112 and the landmark Supreme Court ruling in Helix Energy v. Hewitt.
How Day-Rate and Piece-Rate Overtime Works Under Texas and Federal Law
In industries throughout Texas—including the Permian Basin, Eagle Ford Shale, Gulf Coast refineries, and commercial construction—employers routinely compensate workers on a flat daily rate (e.g., $300/day), per-job basis ($400/job), or completed piece rate ($2.50 per unit). A common misconception among workers and supervisors is that receiving a day rate or piece rate eliminates statutory overtime rights.
Under Section 7(a) of the Fair Labor Standards Act (FLSA) and official Texas Workforce Commission (TWC) guidelines, all nonexempt employees are entitled to overtime pay for hours worked over 40 in a workweek, regardless of whether pay is hourly, day-rate, or piece-rate.
The FLSA Half-Time Formula for Flat Rates (29 C.F.R. § 778.112)
When an employee is paid a flat daily or job sum without regard to the number of hours worked, that payment serves as straight-time compensation for all hours worked during the workweek. The overtime calculation follows a strict three-step statutory process:
- Calculate Total Remuneration: Sum all day rates, job rates, or piecework earnings, plus any non-discretionary bonuses (e.g., safety bonuses or production incentives).
- Determine the Regular Rate of Pay (RROP): Divide total remuneration by the total actual hours worked in that workweek:
Regular Rate = Total Remuneration ÷ Total Hours Worked - Apply the Half-Time (0.5x) Premium: Because straight time has already been paid across all hours, the employer owes an additional half-time (50%) of the regular rate for every hour worked over 40:
Overtime Premium Owed = Overtime Hours (>40) × (Regular Rate × 0.5)
The Supreme Court's Helix Energy Ruling (598 U.S. 39)
In Helix Energy Solutions Group, Inc. v. Hewitt (2023), the U.S. Supreme Court ruled 6-3 that an offshore oilfield toolpusher paid a daily rate between $963 and $1,341 did not satisfy the FLSA "salary basis" test for executive exemption. Earning a high day rate does not make an employee exempt unless they receive a guaranteed weekly salary meeting 29 C.F.R. § 541.604(b).
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