Ask a Lawyer - Archive

What is the Texas Law on taking breaks and lunches? I understand it has changed.

Texas law does not require that employers provide breaks for their employees. However, under Federal law, breaks less than twenty minutes in length may not be deducted from a worker's daily pay, and designated meal breaks generally may not be less than 30 minutes long. Additionally, any time that an employee is required to carry out even relatively minor duties is not considered "break" time. This means that a receptionist required to be available to answer the phone during lunchtime must be paid during this period of time.

Of course, Federal law also mandates that employers pay their employees one and a half times their normal hourly rate for hours exceeding 40 per week, unless he or she qualifies as an exempt employee. If you are not receiving overtime pay, or are being docked unfairly for breaks, consult with an attorney to find out if you have legal recourse.