Texas Split-Shift and On-Call Pay Laws: What Restaurant Managers Must Know

Texas Split-Shift and On-Call Pay Laws: Key Takeaways

Texas does not require additional pay for split shifts, but total compensation must meet the federal minimum wage of $7.25/hour.
On-call pay depends on employer control during on-call time; significant restrictions generally make on-call time compensable.
Overtime at 1.5 times regular pay applies if total hours, including compensable on-call time, exceed 40 in a week.

Restaurant managers in Texas must understand the nuances of split-shift and on-call pay laws to stay compliant and foster fair labor practices.

This article outlines key rules and best practices for managing these work situations effectively.

For role-specific scheduling guidance, review restaurant manager duties.

1. Split Shift Pay Laws in Texas: What Managers Need to Know

A split shift occurs when an employee’s workday is divided into two or more parts separated by unpaid breaks. For example, an employee might work a morning shift, have a long unpaid break, then return for an evening shift.

Unlike some states, Texas law does not require employers to pay extra wages or premiums specifically for split shifts.

However, employers must ensure total pay for the hours worked meets or exceeds the federal minimum wage of $7.25 per hour.

For instance, if a restaurant worker works eight total hours during split shifts on a day, their pay should be at least $58.00 (8 x $7.25).

Front-of-house scheduling policies should also reflect server responsibilities.

While no extra premium is mandated, employers should clearly communicate split shift schedules and pay policies to avoid disputes.

Clarify how split shifts affect the kitchen manager role on your team.

2. On-Call Pay Laws in Texas: Restaurant Manager Guide

On-call time is the period when employees are not actively working but must be available to respond to a work call. Texas law determines whether on-call time is compensable based on how much the employer restricts the employee’s ability to use their time freely.

Factors affecting on-call pay include:

Geographic Restrictions: Employees required to stay within a close radius of the workplace (e.g., 15 minutes away) are more likely to be compensated.
Response Time Requirements: Short windows to respond to calls can restrict personal activities, making the time compensable.
Frequency of Calls: Frequent interruptions by work calls increase compensability.
Ability to Trade On-Call Shifts: Flexibility to swap duties may reduce restrictions and the need to pay for on-call time.
Electronic Devices: Simply carrying a phone or pager does not automatically require pay unless it greatly limits personal freedom.

Set expectations around devices with this cell phone policy template.

For example, if an employee is prohibited from socializing or drinking alcohol while on-call and must remain near the workplace, courts may require the employer to pay for this on-call time.

Restaurants should carefully review how they structure on-call duties and consider these factors when determining pay obligations.

On-call expectations can differ across roles—review core bartender responsibilities when setting policies for bar staff.

Compensable On-Call Time and Overtime Liability

If on-call hours count as worked time, they contribute to the calculation of total hours worked. When weekly hours exceed 40, including compensable on-call time, overtime at one and a half times the regular pay rate is required.

It is crucial for managers to track on-call hours accurately to comply with federal overtime rules under the Fair Labor Standards Act (FLSA).

Avoid wage violations by understanding the off the clock risks for employers.

3. Best Practices for Texas Restaurant Managers Handling Split and On-Call Shifts

To ensure fair treatment and compliance, restaurant managers should implement clear policies and maintain good records.

Policy Development

Develop and communicate written policies that clearly define split shift scheduling and on-call duties. Include details on:

For templates and standards, see our HR policy guide.

How split shifts are assigned and compensated.
Expectations and limitations during on-call periods.
Employee rights regarding on-call and split shifts.

Accurate Record-Keeping

Maintain detailed records of all work hours, including time spent on-call, response times, and breaks. Good record-keeping supports wage calculations and helps resolve any disputes.

Employee Communication and Training

Regularly inform employees about their work schedules, pay rates, and rights related to split shifts and on-call time. Training supervisors on these rules promotes consistent enforcement and reduces legal risks.

Use this manager training checklist to standardize communication and practices.

Legal Consultation and Updates

Labor laws can change, so periodically consulting with employment law professionals ensures your policies remain compliant with Texas and federal requirements.

4. Summary and Resources for Texas Restaurant Managers

Texas does not require extra pay specifically for split shifts but mandates that total pay meets federal minimum wage requirements.

On-call time pay depends on employer control over the employee’s ability to use that time freely. Significant restrictions generally make on-call time compensable and potentially subject to overtime pay.

By clearly defining policies, maintaining precise records, and educating employees and managers, restaurant operators can effectively navigate Texas split-shift and on-call pay laws.

Compare baseline pay with restaurant wages by state when planning premiums or incentives.

For further information, visit these official resources:

01. Does Texas require extra pay for split shifts?

No, Texas does not require employers to pay extra wages for split shifts. However, total compensation for all hours worked must meet the federal minimum wage of $7.25 per hour.

02. When is on-call time compensable in Texas?

On-call time is compensable when the employer significantly restricts the employee’s freedom during on-call periods, such as requiring them to stay within a geographic radius or respond quickly to calls.

03. How is overtime calculated if on-call time counts as work?

If on-call time is compensable, it counts toward total hours worked. Any hours over 40 in a week, including on-call time, must be paid at one and a half times the employee’s regular rate according to FLSA.

04. What records should managers keep about on-call shifts?

Managers should keep detailed records of on-call periods, including any restrictions, response times, and hours worked to ensure compliance and resolve disputes.

05. Where can I find official resources for Texas labor laws?

Official resources include the Texas Workforce Commission, the U.S. Department of Labor’s Wage and Hour Division, and the Texas Comptroller of Public Accounts payroll guides.