State Lunch and Break Law Governing Texas

August 7th, 2006 Posted by Sarah

I find that many employees and employers alike wonder what the state laws mandate as far as lunches and breaks are concerned. You might find it interesting to know that Texas is a state where employers are not required to give any lunch breaks or other breaks to employees

While there isn’t a state law on the books about lunches and breaks, there are applicable federal laws for Texans. Many people believe that they are entitled to a meal or break under federal law, but this is not the case. The federal law does offer instructions for employers as to whether or not an employee should be paid during these times if any meals or breaks are offered.

Short rest breaks (often 20 minutes or less) must not be deducted from an employee’s daily pay. Lunch breaks or other true meal periods are usually 30 minutes or more, and do not need to be counted or paid as work time. Employees must stop work entirely during this meal break in order for it not to be paid. If the employee is still required to do any work duties (even something as minor as answering a phone), it must instead be a paid meal break.

Federal law also contains other regulations of interest related to employee pay during times of waiting, sleeping and traveling. With the issue of sleeping time, an employee who is scheduled to be on duty for less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of that time. If an employee is working more than 24 hours, a sleeping period of up to eight hours may be deducted from his or her pay. However, this can only be done if sleeping facilities is provided and at least five hours of uninterrupted sleep may be achieved by the employee.

Many of us spend a lot of time each day in the car or traveling in some form of public transportation. Can any of this be paid as work time? The general rule is that time spent in the normal day’s travel to and from work is not considered paid working time. However, if an employee is traveling in the course of a day’s work, it must be counted as paid work hours.

A final issue I’ll cover in this blog entry is waiting time. In some situations waiting time should be paid, but not in all circumstances. If an employee is allowed to pursue personal interests while waiting for another task to be finished or while waiting at the workplace for his or her services to be called upon, it is generally counted as work time. However, if an employee is waiting to be called upon from home or elsewhere, but has great freedom to do what he or she wishes while on call (and has plenty of time to respond to the call), it is not generally considered paid work time.

A thorough listing helpful information on the laws related to lunches, breaks and other pertinent labor issues can be found on the Texas Complete Labor Law Poster.

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92 Comments >> Posted in Employment Laws,Texas,Wage and Hour

Posted by: Les Clifton

I am looking for something on labor laws. My mother works for Walmart in the garden department and is made to work out side in 100 degrees temp and not allowed to that any water are any other drinks when she are others are working.

The rest of the departments in the hole store in side are allowed to keep drinks
at the regesters, why should the garden center be any defrent knowing they are
in the heat.
She is afraid to say any thing because she has on other things in the past and her boss made it harder on her. If you can help, are give us advice please e-mail @
lclifton15@yahoo.com Bellmand TX
Posted by: Kami Reynolds

Hi. I am a 21-yr-old mom who works 48+ hours a week in a convenience store in Texas.

Our district manager told us that we are not allowed any break periods whatsoever….not even something as small as being able to sit outside and smoke a cigarette when we have no customers, even if all of our work is done.

Apparently, we are supposed to stand on our feet and work continually for 8+ hours a day with no break, no sitting, nothing.

Some people might say “oh, you work in a C-Store, it’s easy!” but it’s not. Especially when you have 3 herniated disks in your back, a bad hip, and an 8-month-old son at home who keeps you up continually (he was born nearly 3 months premature, so he sometimes still has difficulty with that sleeping through the night thing).

My husband, a 41-yr-old convenience store employee, is not treated so shabbily at his store (it’s a different company). Granted, he doesn’t get an official “break” either, but he is allowed to sit and rest when there are no customers.

We want to have another child, but we are extremely concerned about the laws regarding breaks in Texas. Seeing as I have given birth prematurely once, my risk of having another premature baby has gone up form the average 10-14% to a whopping 65-75%. When I had my son, I worked for an extremely busy Whataburger in San Antonio (another constant-standing job). We are very concerned that if I am not allowed 15 minute breaks or at least a few minutes to sit down, that I will have another high-risk baby.

What are the laws (pregnant or not) for convenince store employees…..and what are the laws for someone who is pregnant? Am I going to have to just suck it up? Or is there a better way?? I very much want another baby, but not if it would risk that child’s wellbeing and mine as well.

Any input whatsoever is appreciated!

Thank you!

Kami Reynolds
New Braunfels, TX
Posted by: Amelia

Hi Kami!! This isn’t what you asked, but the first thing that I am going to suggest is that with your physical problems, you look for a job that does not involve being on your feet all day. It may help if you take some classes at your local community college to improve your skills. As hard as it is right now to stand all day, it is going to be much more difficult when you are 30, 40 or 50 years old.

Many people who had no problem being on their feet all day at 21 find it physically challenging at 41. Even waiting tables, where you walk all day, can be less physically taxing than standing.

Now, to answer your questions…there is no law that an employer must give a worker breaks to sit in Texas (or under federal law.) This is strictly a matter of company policy. Many store owners would not mind, others want their employees in the store, in front of the cash register, the entire time.

Under ADA, the Americans with Disabilities Act, employers must make reasonable accommodations for workers with disabilites. If you had paperwork from your doctor certifying that you could not stand for extended periods, you might find your employer would be required to provide a bar stool or other seat behind the register for you. However, this would only be true if your condition met the EEOC defintion of a disability,and you could still perform the essential job duties. (This would be true, whether you were pregnant or not.) It could backfire, if the employer decided that it meant you were unable to perform the job, and terminated you.

Employers are not required to make any special accommodation for pregnant workers, that are not required for other workers with similar physical problems. For a more complete discussion, please post your questions at our sister site at http://www.laborlawtalk.com. HTH,and thanks for reading the blogs!~Ameila
Posted by: Tricia

Hello, my name is Tricia and I work full time at a car dealership as a cashier. I was curious about a few things they might do a little differently then at other places. I work every day but Wednesday(off day) from 1:30pm to 9:30 pm including every Sunday from noon to 5:00 (to sometimes even 6pm) and work every 3rd Saturday from 7:00 am to 5:00(to also 6pm alot). I am the only cashier scheduled to work on my scheduled days which means there are only one of us working in a day. I do not get scheduled breaks or lunches and they stated that if I wanted to leave for lunch I would have to come in an extra hour early making my schedule change from 12:30 to 9:30pm. They also do not allow many employees to hit overtime, which I know alot of employers are doing.

When and IF I do get the chance to go heat up my meal or grab a snack out of the snack machine they page me on the overhead and ask me to report back to the cashier station because I have a customer waiting. Which again allows me NO time to eat my food or ever barely have time to heat it up.

NOTE: I am pregnant and we constantly have to be standing up waiting on customers and if we aren’t busy with a customer we must be in the back filing paperwork which requires us to stand or sit on a hard floor or even a step ladder sometime and file. We stay pretty busy and I like working at this job but I feel like they are using and abusing my working schedule.

On Sundays when I work I get paid the same amout that I get paid on a regular work week.. I’ve heard that if you are working on Sundays you MUST get paid an extra hour.. is this true?? On Sundays, every Sunday, they have hotdogs and pizza for the customers which they stated we, the employees, are NOT ALLOWED to touch or eat at all or we would be “terminated”. Unless otherwise stated by the manager. and again no breaks for us.. we must bring our own lunch and “FIND TIME” to nit pick and eat it when we aren’t busy with a customer.

I’m stressed out and kind of thinking about looking for another job only because I am pregnant and this isn’t healthy or good for myself or the baby. Every one else gets lunch breaks and little small smoke or snack breaks and we are stuck back here slaving. I mean I cant even go to the bathroom without comming out and having 6 or 7 customers waiting on me to get back!!! How stressful, huh??

What should I do.. am I being mistreated or is this just how working is suposed to be? I tried looking online at the TEXAS WORKFORCE LABOR LAWS and got to scan through a few of the sites that give me NO info whatsoever but of course the sites that would have probably given me the useful info that I need were BLOCKED! and I couldnt even view them
Posted by: Amelia

Hi Tricia! Wow, your post raises a lot of issues. We’re going to try to address all of them, but first…

A few states have employment laws that provide all kinds of protections for employees. Texas is not one of them. There are relaitively few Texas employment laws that provide benefits for workers, other than the state minimum wage. So many of these answers are not going to be the ones that you would prefer to hear.

Texas has no break law, and federal law does not require any breaks for workers in general industry. OSHA requires that employees be permitted to use the restroom. Other than that, there is no requirement that you be allowed to leave your work station during the shift. A Texas employer could require that employees work 8, 10, 12 or even 20 hours with no meal break. And many do. The employer is under no obligation to allow employees to leave the premises for a meal. There is no requirement that employees be provided with a hot meal, or be permitted to heat a meal that they bring from home.

Under the law, employers must permit workers to drink water at their work station. Especially because you are pregnant, the employer should probably permit you to snack at your work station (which they do.) Our suggestion is that you pack healthy snacks and small meals that can be served at room temperature to eat during the day at your desk. We suggest sandwiches, salads, fruits and veggies, protein bars, trail mix, nuts, cheese, and milk in a thermos. It may make more sense for you to eat a full “dinner” at home before you come to work, and think of the meal you eat at work in the evening as “lunch.”

The job requirements don’t change simply because the employee is pregnant. Pregnancy is not necessarily a disability under the EEOC guidelines. If you are unable to be on your feet all or most of the day, your doctor should provide you with a note that says so. That may mean that you will have to take unpaid time off work.

There is no law in Texas that employees who work on Sunday must be paid at a higher rate, or for an additional hour. Nor is there in 95% of other states.

Employers can offer benefits to customers, that they don’t offer to employees. This includes offering free hotdogs and pizza. So, yes, they can terminate an employee who takes food from them. (If it’s any help, this is true at many jobs. Hotel employees are not permitted to use the hotel pool. Often bar employees are not permitted to drink there, even on their day off. It may even be wise for an employer to treat employees and customers differently.) Besides, hot dogs and pizza are not the healthiest foods for you or your baby.

We’ve noticed that a lot of misery is caused by the idea that “everyone else gets meal breaks and smoke breaks but we don’t.” Our mail shows that about 66% of employees receive no meal break, unless it is required by the state. (And, in states where unpaid breaks are required, about 25% of the employees wish they didn’t have to take one!) So the grass isn’t always greener.

Having 6 or 7 customers waiting for you when you come out of the bathroom is actually a good thing…it means the business is thriving, and your job is probably secure. If there was no one waiting for you, you might need to worry about being laid off due to declining revenue.

A great source for info on Texas employment laws is the Texas Workforce Commission at http://www.twc.state.tx.us/. Or, you can post questions for us to answer, or on our sister site at http://www.laborlawtalk.com. We do not believe that your employer is intentionally blocking sites with info about labor laws.

We don’t see anything in your post that suggests that you are being mistreated or that your job is especially stressful. Yes, most employees are expected to be productive pretty much all of the time. Work is not fun…that’s why they call it work. And it would be great if all states required breaks for workers…but they don’t. Sorry that we can’t offer more help. Please feel free to post any additional questions! And thanks for reading the blogs!~ Amelia
Posted by: Fayreen Lucas

Hello, I am a waitress and for 22 years at the same place we never even had the issuue of breaks come up.We have never been required to take a break, we just ordered our food or brought from home and would eat and get up and go wait on customers or carry out order that are ready or seat customers or go to the register and take money from a customer. While I understand the Texas laws now from your information I want to know if we are required to take a break. We have been bought by set of investors and they were taking away 15 min. a day from our pay checks and wage and labor came in and said they could not do that. They are in the process of paying us for that time. We draw as a waitress $2.13 per hour and depend on our tips for the rest of our wages. We can not ring up a ticket if we are clocked out and if we clock out another person will take our tables and then we do not get tips so therefore we have not pay. Are there any rules for a waitress that is different. Thank you. Fayreen
Posted by: Amelia

Hi Fayreen!

The short answer to your question is: No, the Texas break laws are not different for waitresses than for other employees.

In the past, you were taking meal breaks — you were just not clocking out for them. It’s not really fair to expect your employer to pay you, while you are eating.

There is no law that a Texas employer must give meal or rest breaks to workers. However, the employer can require that every employee clock out for a meal break of 20 to 30 minutes or more. The employer can discipline and even fire an employee who does not.

Under federal law, employees must be paid for any break that is shorter than 20 minutes, or any meal break where the employee is interrupted. That is why the employer was forced to pay you back for previous breaks.

Please stop interrupting your meal to serve food or make change. It’s unsanitary and a huge, huge violation of the health code in any state. (You don’t mention going to the restroom to wash your hands each time you got up to work.)

This is a situation faced by every restaurant in the U.S. The solution is for waitresses (and waiters, of course) to take meal breaks during the shortest part of the shift. Suppose you are working with a waitress named Sue. While you are clocked out on your 20 or 30 minute meal break, Sue watches your tables. She waits on any customers who are seated in your section and keeps the tips. Then Sue goes on break, and you take care of her section.
Over time, the tips will even out. HTH, and thanks for reading the blogs!~ Amelia
Posted by: James

As an employer am I required to allow an employee to clock out if he or she has no access to water or other beverage? At the work place there is a vending machine with bottled water but no fountains. If an employee has no change must I allow them to clock out with no penalty other than not paying them for the time they are gone?
Posted by: Amelia

Hi James! OSHA standards require that you provide employees with potable (drinkable) water in the workplace, without charge. It does not need to be bottled water. As long as the tap water in your area is safe to drink without boiling, that is sufficient.

OSHA can slap an employer who violates this regulation with thousands of dollars in fines.

There is no provision under the law for how to treat an employee when the employer violates this law. We would suggest that permitting the employee to clock out to get water is better than having them file an OSHA complaint. And, we would suggest that you begin to supply water in the workplace. You can post additional questions on our sister site at http://www.humanresourceblog.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Anonymous

I have a question regarding break time in Texas. if a company does allow breaks and they are less than 20 mins by law they have to be paid?
Posted by: Amelia

Hi Anon! If federal law applies, breaks shorter than 20 minutes must be paid. The federal FLSA or Fair Labor Standards Act applies to most companies because they engage in interstate commerce. For example, they accept credit cards or have an internet connection. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Hard work work

bad economy = worse working conditions. plenty of jobs are outsourced b/c other people are willing to deal with the back pain and other problems just so they can eat. americans in general have been spoiled and provided every opportunity to do something great with their lives. If you didn’t take advantage to bad. all you people do is cry when you don’t get your way or life is too hard. instead of giving your sob story and looking for sympathy, how about youget off your fat lazy ass and start busting ass before the economy completely tanks and you have nothing to eat.
Posted by: Amelia

HI Hard work! Sorry, we totally disagree. Many, many people are out of work right now through no fault of their own. The current financial crisis is a result of a number of factors including deregulation of the mortgage and banking industry (espeically mortgage derivitives), privitization of retirement funds, the resulting inflation of stock and real estate prices, corporate greed, irresponsiblity and in some cases malfeasance, excessive consumer credit and spending, and diverting federal funds from domestic infrastructure to an expensive foreign war.
Unfortunately, the bad economy affects every one of us, even if we did not contribute to the causes.
Every day we receive comments and questions from hard workers who would take any job if they could find one. In any situation, it is very easy to blame the victims — until you become one of them. Then,it is easy to see that every issue has at least two sides. HTH, and thaks for reading the blogs. ~ Amelia
Posted by: Jason

Hello–

I work for a company call center where we are broken up into units. Everything we do on the phones is monitored–talking time, hold time, etc. All of this is assigned a score based on our performance. Call center managers are held responsible for these performance scores by managers and competition with other units is a huge focus. Technically we are allowed up to 15 minutes of “not ready time” per day–which can include going off line to document a call or to use the bathroom if necessary. This is not always necessary but sometimes it is.

Although this time is supposedly built into the performance rating system, there is huge pressure from managers and co-workers to not use this “not ready time” to keep unit percentage scores high (anything under 95% of the time on the phone is “failing”)–which ends up with people guilt tripped into not using time to wrap up calls—or even to use the bathroom until they are on their breaks. It even got to a point where our manager was having us document when and how long we are in the bathroom (if we chose to go at all). I found this highly demeaning.

I understand the need for monitoring performance and making sure people are doing their job, but I resent being treated like a child and being made to feel guilty because I choose not to turn yellow (or any other color) between breaks.

Is it a violation of Texas state law to indirectly not allow people to use the bathroom by setting up a system that compromises their job performance/security if they do so–or that subjects them to retaliation by supervisors and co-workers if they decide to take time to use the bathroom as needed?

If so, how can I submit a complaint? Thank you! Jason
Posted by: Amelia

Hi Jason!
OSHA worker safety regulations require that employers supply bathrooms, and that employees be permitted to use them when nature calls.
The kind of subtle pressure that you describe is probably a grey area. If the unit manager told the employees “you can’t go to the bathroom” that would be one thing. But trying to influence the employees to be more productive by minimizing bathroom breaks, is another.
However, when the manager requires that employees log their bathroom breaks, that may have crossed the line. You can certainly report this conduct to OSHA at http://www.osha.gov.
You are right that these procedures are demeaning. Unfortunately, call centers are rapidly becomming the sweatshops of the 21st century. Our suggestion is to try to find a different employer (and perhaps a different line of work) when the economy picks up a bit. HTH, and thanks for reading the blogs!~ Amelia
Posted by: lucas law center

Lots of companies do provide a 30 minutes break and only works 8 hours a day.

mabell
Posted by: Amelia

Hi Mabell! Of course you’re right! The majority of Texas employers do provide employees with a 30-minute unpaid meal break. However, there is no law that they must do so. HTH, and thanks for reading the blogs!~ Amelia
Posted by: k

i work at a very large convenience store in Texas. we are off the interstate and are constantly busy. i work two 12 hour shifts on the weekends and our boss recently took our breaks away from us.. which was only 15 minutes. this is legal im hearing, but im not seeing how its right.
Posted by: Amelia

Hi k! We agree with you. Nineteen U.S. states have laws that require employers to give meal breaks to workers. Unfortunately, Texas does not have such a law. As you point out, the employer has the legal right to do this, but it is not right. OSHA regulations require that employees be permitted to use the rest room when nature calls, and to drink water on duty. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Cathy

Hi,

I work at a call center now. I used to be a graphic/website designer, but due to the horrid economy in central Florida I had to take what I could find. This place is an awful place to work, I have never felt so degraded.

My employer REQUIRES all employees to clock out if they have to use the restroom and we get punished financially in other ways if we do use the restroom. Most of us don’t drink anything all day for fear of having to use the facilities. Is the employer legally allowed to treat their employees this way?
Posted by: Amelia

Hi Cathy! We have sympathy for your situation — call centers are rapidly shaping up as the sweat shops of the 21st century.
This employer’s actions are a gray area. OSHA regulations require that employees be permitted to use the bathroom — which you are. The employer can legally require that you clock out for bathroom breaks. If the employer is covered by the federal FLSA or Fair Labor Standards Act, employees must be paid for any breaks (including bathroom breaks) of less than 20 minutes. The way most call centers avoid this is by establishing productivity criteria that can only be met if the employee takes few, if any, bathroom breaks. There is no law against this.
You did not ask, but we will add that it is fairly easy to find freelance work as a graphic or website designer online. Sites like http://www.guru.com and http://www.elance.com permit people with skills to bid on projects. Our recommendation would be that you use them to find work in your spare time. The great thing about these sites is that your location is irrelevant. You can work for companies in New York, Chicago or Ames, Iowa that need web or graphic design. Hopefully in a few months you will have enough work in that field so that you can quit the call center job. HTH, and thanks for reading the blogs!~ Amelia

Read more about this at: http://www.dol.gov/esa/whd/regs/compliance/whdfs64.pdf
Posted by: Billy

RE: Federal Labor Laws
My employer is global. We sell products to every continent, therefore we are an interstate company.
Do Federal Laws apply to the lunch/break issue? If they do, can you tell me what they are?

Thanks,
Billy
Posted by: Amelia

Hi Billy! If the company is in Texas, because they do business in other states, they must abide by both Texas and federal laws regarding meals and breaks.
Federal law does not require that employees be given any meal or rest breaks. (OSHA regulations require that the employees be permitted to use the bathroom, and to drink water while working.) However, the federal FLSA or Fair Labor Standards Act requires that if an employee is given a rest break of less than 20 minutes, the employee be paid for that break. If an employee is given a meal break of more than 20 minutes, and the employee is relieved of all duties during that period, the meal break can be unpaid.
Nineteen U.S. states have laws that require employers to give meal breaks to workers. Texas does not. Whether or not a Texas employer gives meal or rest breaks is entirely a matter of company policy.
A Texas employer may establish that employees are required to take breaks, and discipline or terminate any employee who does not comply. But there is no law that the Texas employer must give such breaks. HTH, and than ks for reading the blogs!~ Amelia
Posted by: linda

we live in Texas my boyfriend works construction on highrise building we are talking laying brick on 20 story or more building he has to bring his own water and the forman told him they get no breaks. I know texas law doesnt make them let you have breaks but what about osha what if you get hot in the 100+ degree weather and get dizzy and fall off the building isn’t there some type of safety issue here.
Posted by: Amelia

Hi linda! Yes, you are correct, there are OSHA issues here. The employer must provide water for employees to drink. even on a construction site. Most employers use big, yellow coolers to do so. (It does not need to be bottled water. Tap water is fine.) You are also correct that frequent breaks are called for in extremely hot conditions like Texas in the summer. Your boyfriend should show his supervisor the info below. If there is no change, he should file a complaint with OSHA. They will inspect the worksite and require the employer to follow worker safety regulations. HTH, and thanks for reading the blogs!~ Amelia

Read more about this at: http://www.osha.gov/Publications/osha3154.pdf
Posted by: Terry

Who do we contact to have the law changed? I know TX is a (work at will) state. Which is inhumane to say the least. Why does Federal and state law allow employers more rights than the employee? Why is Tx a (work at will) state to begin with? Why hasn’t something been done to give the workers humane rights to step away for breaks? I am sure your employer allows you to do so. Try yourself to see how far you can go doing this. It is a legitimate complaint that should be addressed and changed. The lawmakers obviously don’t care, let them try working under those conditions, they won’t because they can’t handle these conditions themselves. Who do we write? I think Tx should become a Union state, all you folks being treated this way should start a petition and send it to the state goverment, congressmen, Senator and even the president. They are more worry about saving the planet, global warming, health care ( which any persons health would decline under these conditions), economy, and want regulation on what we buy to eat and drink that they consider unhealthy or a luxury, ie: soda and sweets, potato chips fries, burgers, wanting to tax more on sugar foods, liquor, cigaretts. Pretty much control what you eat, drink, or buy, But its ok to lack common courtesy for a law to be put in place for breaks or lunch, but they allow employees in American that are working to be madatory taxed which also supports your pay, the goverment, your state, economy, roads and highways, bridges, attorney general, police, national security, the state and federal employee’s, judges, welfare, unemloyment, senators, mayors, schools, shall I go on?… social security ( which they have almost depleted) for their own gain. Deficet… Am I mad? You betcha. They talk about reforms for everything else except employers treating the employees with some dignity, compassion, the basic human needs, letting the employer drive them to their grave before having to collect a pension or social security, (which they paid into) American employees are being USED!! Lets raise retirement again so we croak working. Bet yall save money along with the employer. Thats a clear message… Anybody agree?
Lets see if your honest enough to post this, or is the truth too much?
Posted by: Amelia

Hi Terry! Actually, we agree that there should probably be a federal break law. At this point, 19 US states require that employees be given meal breaks but only 6 require shorter rest breaks.
OSHA standards require that employees be permitted to use the toilet when nature calls and to drink water during hot weather.
If you would like to get a state break law passed in Texas, the best place to start would be contacting your representatives in the Texas legislature. It may also be helpful to get involved politically and/or circulate a petition. (Hint: one political party tends to be more pro-employee, and it’s not the Republicans.)
Another option would be to move to a state that offers more protection for employees. Many states such as Connecticut, Illinois, Massachusetts, Colorado, Kentucky, Delaware, Maine, Minnesota and Nebraska offer breaks in additon to other perks (such as a higher minimum wage) to workers. California has by far the most pro-employee laws, while Texas, Alabama, Mississippi, Louisiana, Tennessee, South Carolina and Florida have the least employee-friendly laws.
There is really no such thing as a “union state.” Belonging to a union is legal in all 50 states, and very few states allow employers to mandate it. So starting or joining a union would be another option. We will note that states with more union employees tend to have better benefits.
Nearly every state has the “employment at will” policy, which was handed down from feudal England like most of our legal concepts. “Employment at will” actually protects the employee as much as the employer, by permitting the employee to quit at any time, for any reason or without reason, with or without notice. However, several states including California set severe limits employers who try to terminate employees under “employment at will.” HTH, and thanks for reading the blogs!~ Amelia
Posted by: Cathy

Hi I posted before. I just wanted to let you know that the same employer is now not allowing people to use the restroom. In other words, if you try to go ‘pee’, you are walked back to your seat!!!!!!! They say YOU ARE NOT ALLOWED!!! This can’t be legal. There can’t be a gray area here. I saw one employee tell the owner to her face that she had to pee, she told her 3 times and was forced to go back to her seat.
Posted by: Amelia

Hi Cathy! You’re right — this is NOT a gray area! OSHA regulations require that employees be permitted to use the toilet when nature calls. They can be asked to wait a few minutes (for example, for a supervisor to take their place on a factory floor) but they must be permitted to use the restroom. Contact OSHA at http://www.osha.gov and file a complaint about this. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Mickey

Hello.

I’m sure you’ve answered this question already. Sorry. My husband is a city worker (waste water). Throughout the summer he works in extreme heat. There are days when he has to work without a lunch break and/or small breaks. Is there no law to protect him?
Posted by: Amelia

Hi Mickey! Well, yes and no. As you know, Texas has no lunch or break law. However, OSHA (the federal Occupational Safety and Health Administration) handles worker safety in Texas, for state employees as well as those in private enterprise. OSHA’s worker safety standards for employees working in extreme heat include frequent breaks, preferably in an air-conditioned vehicle or building. Our recommendation is that you contact OSHA at http://www.osha.gov regarding their standards. We used to live in Texas, and trust us, it qualifies as “extreme heat” in July! HTH, and thanks for reading the blogs!~ Amelia
Posted by: Darrel

Hi I work out at a intermodal loading facility in the heat. At times it takes my boss several hours to get a water jug out to where i’m working at. The other day i got sick from heat exhaustion due to the fact that i couldn’t drink the water cause i had no way of getting it out of the jug.

How can we change this law about breaks here in texas? I moved here from another state.

thanks alot
Posted by: Amelia

Hi Darrel! The best way to pass a Texas break law is for you to contact your state representatives. However, OSHA regulations require that employers take steps to prevent employees from getting heat stroke, especially in hot weather. The employer must provide drinking water during the entire shift and in some cases suitable breaks in a cooler location. Contact OSHA at http://www.osha.gov about this. Also, if you got heat exhaustion, you should fill out a workers’ comp report on that, and file a claim. We can almost guarantee that the employer will take steps to ensure that does not happen again. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Marguerite

My husband was fired for sleeping on his lunch hour. He works in Texas and is not paid for his lunch hour. The company does not allow workers to leave the work or break area during lunch hour, so he could not go elsewhere to nap. Since it is unpaid time and he is not responsible for doing any work isn’t his lunch hour his free time and not company time? Can the company legally tell him what he can and cannot do on his lunch hour?
Posted by: Amelia

Hi Marguerite! This is a very unusual situation, but probably a lawful one. Yes, the employer can set limits on what an employee can or cannot do on his lunch hour. For example, an employee cannot rebuild the engine on his car, or even change the oil, on his lunch hour.
But we will say…are you sure you’re getting the entire story? Is it possible that your husband forgot to clock out before falling asleep? Because most employers would permit sleeping on the employee’s lunch hour. Another option is that in the employer’s opinion, this nap indicated that your husband was in no condition to work because he was too exhausted. That would especially be a safety hazard if he operates machinery or drives for a living.
Nevertheless, an employer in Texas can fire any worker at any time for any reason or without a reason, as long as the employer is not engaged in illegal discrimination. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Marguerite

My husband is an IBEW member and works under the union contract. I just got the contract rules to look at and all they say is that the workers get a 30 minute lunch break sometime between 12 noon and 1 pm. They do not clock in or out because the foreman in in charge of keeping track of their time. He believes they simply were looking to lay people off and do not want to pay unemployment.
Posted by: Melissa

Recently, my employer has been cutting my pay by 30 minutes for not clocking out for lunch after 8 hours of work. The place I am working at is in Texas, but the main office is in California, Which laws apply to me and can I get paid for the time I did not clock out?
Posted by: Amelia

Hi Melissa! You are covered by Texas employment laws, including the minimum wage law. The state and federal minimum wage laws require that you be paid for all the time you work. If you are not taking a break, then it is unlawful for the employer to deduct it from your time.
The employer can require that all employees take an unpaid 30-minute break on an 8-hour shift (even though Texas law does not require this.) The employer can discipline or terminate an employee who does not take a break. However, the employer must pay the employee for all time worked. Employers cannot refuse to pay hourly workers as a disciplinary measure, or dock their pay as a disciplinary measure.
File a wage claim with the Texas Agency for Workforce Development if the time is being deducted from your time card.
If you are taking a break, but just neglecting to clock out, then the employer’s actions are lawful. The employer has to pay you for all time worked, not all the time you are on the clock. Under federal law, employees must be paid for any breaks shorter than 20 minutes. HTH, and thanks for reading the blogs!~ Amelia
Posted by: krish

Message

I am working with a company since last 1.5 yrs. my company havenot paid me what they told to pay me since last 8 monhts. And they told that i will pay all the remaining money later on. now because of some reason they gave me lay off before a week. and they are not ready to pay my wages which they told to pay before. Now what to do?how to take my right…

please give me advise. and give me wny good lawer contact number.

plz

Thanks
Posted by: Amelia

Hi krish! This is a tough situation. The good news is that you probably don’t need an attorney. You should file a wage complaint with the Texas Workforce Commission at http://www.twc.state.tx.us/customers/jsemp/jsempsub8.html . They will investigate the claim for you, and get the employer to pay any money you are owed. You should also apply for unemployment benefits as soon as possible.
Just a word to the wise — no employee should ever let an employer get 8 months behind in payments. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Krish

Thank you very much Amelia for your reply.

Can you plz tell me how much time they take to investigate this. ?

Also i cannot get unemployement because i am not a citizen of USA.I am here in work visa.
Posted by: Amelia

Hi Krish! It can take week or months for the TWC to investigate a wage complaint. However, they usually make contact with the employer within days. In many cases as soon as the employer knows they are being investigated, they will pay up. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Nicole

I was just wondering. I have a job that is an 8 to 10 hour workday and I am not allowed ANY breaks! Apperently if you get caught taking any kind of break you can get fired! I live in Texas, and Work at a hotel as the front desk clerk. Can anyone help me?
Posted by: Amelia

Hi Nicole! Sorry, but we probably cannot help. Nineteen U.S. states have laws that require meal breaks for nearly every employee. Unfortunately, Texas is not one of them. There is no Texas law requiring meal or rest breaks for any workers. Federal law provides breaks only for certain employees, such as airline pilots and interstate truckers.
However, OSHA worker safety standards require that employees must be permitted to use the rest room when nature calls. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Chief

As you know, nearly every public agency in Texas is only open Monday through Friday, usually between 8:00 am and 5:00 pm, and sometimes only 9:00 am to 4:00 pm. How does one who works these same hours conduct personal business at a public agency when they are required to be at work and are threatened with being fired if they need an hour or two to conduct such business? If they can fire someone for this, can they also fire someone for trying to conduct some of this business over the phone while at work, because they are not allowed to use the phone at work?
Also, what protection is there for a single parent who gets a call from their child’s school saying that their child is sick and needs to be picked up and is told that they will be fired if they leave work to go tend to their child?
Yet, the manager, who is single and has no kids, and is the one threatening the firing, can drop everything for her family and basically do what she wants.
Posted by: Amelia

Hi Chief! You bring up some excellent points! In many states, offices like the DMV are open on Saturday. In Texas, as in several states, licenses can be renewed online. Unfortunately, many employees have to use vacation time to take care of these types of personal business.
To answer your question, yes, an employer can fire an employee for missing work for personal business, just as they can fire an employee for conducting personal business over the phone. Some Texas employers will give a worker an unpaid day off if requested in advance…but not every employer will. And there is no law that they must.
Several states have family leave laws that allow parents to use sick time to care for children, or to take time off for school events. Unfortunately, Texas has no family leave law. Contact your state legislator and let him or her know you think that law should be changed.
Most Texas employers are very fair, but a few treat employees unfairly. Some Texas employers believe that “rank has its privileges” and that they can take off anytime they want. Others treat employees much better. Our suggestion would be that you look for a different job, when the economy picks up. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Brett Cummings

Kami, first of all QUIT smoking it’s not good for you or your baby. With 3 herniated disk and a bad hip at 21 would lead me to beleive your are well overweight….so start exercising. Lastly you choose the job you have, therefore you must abide by the policies that company has in place. Texas does not have meal or break laws persay…If you do not like it then do something about it…get an education to better yourself and the lives of your baby now and the ones you want so badly in the future.
Posted by: Amelia

Hi Brett! You bring up some good points. However, we have to mention that some people who exercise are still overweight, and some people who never exercise are not overweight. So there is not a direct correlation between the two.
Your advice that Kami get an education is excellent. You might avail yourself of one, as well, so you know how to spell “per se” correctly. HTH, and thanks for reading the blogs!~ Amelia
Posted by: darah

Hi, me and my boyfriend are both 17 and we both work, and he gets breaks and I do not. He is a cartpusher at a major discount retail chain, and says that there is, hanging up in the break room, a sign that says Texas mandates a 15 minute break for a 4 hour shift, and a 30 minute lunch for a 6 hour shift. However, I work at a major pizza chain restaurant, and never get a break. I’m fine with it, because he needs the break way more than I do (I usually work 4-5 hours as a CSR). We’ve been arguing back and forth about this, so I hope you can get this to rest- did Texas used to have a law providing breaks? He has a picture of the sign on his phone. thanks (:
Posted by: Amelia

Hi darah! No, Texas never had a law requiring meal or rest breaks. Nor is any such poster required under Texas law. Some states have break laws only for employees under 18, but Texas does not (nor did it ever have such a law.)

The federal FLSA requires that employees be paid for breaks shorter than 20 minutes. Meal breaks of 20 minutes or more can be unpaid. However, that law does not require that employers give breaks to workers — it only establishes which breaks must be paid, if breaks are given.

Nevertheless, break laws are a minimum standard. An employer can require workers to take breaks per company policy. Your boyfriend’s employer can establish one policy, and your employer can establish another break policy. Our best guess is that your boyfriend’s employer has a meal break policy, and has a poster in the break room explaining it. The poster may even suggest that the breaks are state law in Texas, but they are not. (Nineteen other states do have meal break laws for employees over 18.) HTH, and thanks for reading the blogs!~ Amelia

Read more about this at: http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf
Here is a list of all the states with break laws from the US Department of Labor: http://www.dol.gov/whd/state/meal.htm#Texas
Posted by: Mertice Weeks

I am retiring after 36 years on 1 job. My employer says I will not be paid for my 30 days of accumulated sick leave. Is this right?
Posted by: Amelia

Hi Mertice! Unfortunately, what is legal and what is right are often two different things. There is no state where employers are required to pay wokrers for unused sick time at termination. Very, very few employers do so unless they are forced to by a union contract. Sorry, wish we had better news for you. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Karen

I understand you do not get lunch or breaks under Texas law, and that employers can require you to take a break or be fired. I have a supervisor tell me I am breaking the law if I do not take a 30 minute lunch break when I work 6 or more hours. Also we have down time where there is nothing to do and we are asked to clock out usually for an hour or so and wait in the breakroom for a scheduled download. We should be paid for this, or sent home, correct.
Posted by: Amelia

Hi Karen! You are somewhat correct. Texas has no break law, nor is there any federal law that requires meal breaks in most industries. So when the supervisor says that if you do not take a meal break on a 6 hour shift you are breaking the law, that information is incorrect. It may be a violation of company policy, but it is not a violation of Texas or federal law. Nevertheless, what he really means is if you do not take the break, you can be terminated.

(Not that it matters, but in states that require a meal break by law, if the employee refuses to take the break, it is the employer who is breaking the law. But we will add, that an employee does not win this type of argument with the supervisor. Regardless of the facts, confronting the supervisor on this matter is a bad idea.)

You are generally correct about the waiting time. Under the federal FLSA or Fair Labor Standards Act (and Texas minimum wage law) time spent waiting for work on the employer’s premises must be paid work time. However, the employer could require that you clock out for your 30-minute meal break at this time — employers are permitted to schedule breaks around work flow, at the employer’s convenience. The employer could even require that you clock out for a 60-minute meal break on that day, and that you do so at the time that is convenient for the employer. But once that period is up, you should clock back in and be paid — even if you have no work duties to complete until the download is finished.

If you have already taken your meal break for the day before the download begins, you cannot be required to clock out and wait for it to finish. Any waiting time on the employer’s premises must be paid. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Scott

I am a non-exempt employee working in Texas. I was sent to training all week. I traveled on Sunday, which is usually my day off and returned very late on Friday (11:00 pm). My hours are usually 7:30-4:00 pm M-F. Should my employer pay me for the hours on Sunday and the the late hours on Friday?
Posted by: Amelia

Hi Scott! The travel time regulations of the federal FLSA or Fair Labor Standards Act are complex. Basically, when you travel you must be paid for all the time that you work. If you work more than 40 hours in the payroll week, you must be paid overtime. However, not all time spent traveling is counted as work time.

Under the FLSA, you must be paid for travel that occurs during your normal work hours of 7:30 am to 4:00 pm, even on Saturday and Sunday (which are not your normal work days.) This also includes waiting time, such as time spent at an airport waiting for a plane. So if you took a taxi to the airport at 10 am on Sunday, and arrived at the hotel at 2 pm, you “worked” for 4 hours.

However, under the law you need not be paid for some travel that occurs outside of your normal work hours. This would include being a passenger in a plane, taxi, car, etc. In the example above, if that trip occurred from 5 pm to 9 pm on any day of the week, it is not work time and you are not entitled to payment for it. (Many people see this as unfair, and a loophole in the law.)

Time spent actively driving (or flying a plane, for that matter) is work time. So if you drove for 4 hours to arrive at your destination, that is work time and you must be paid for it, whether the trip began at 10 am or 5 pm. (Do you see what we mean when we say that the regulations on travel time are complex?) Fortunately, the U.S. Department of Labor has an online tool to help sort out what travel time counts as hours worked. See the link below. HTH, and thanks for reading the blogs!~ Amelia

Use the eLaws Advisor for hours worked here, to be sure you are being paid all the wages due:
http://www.dol.gov/ELAWS/
Posted by: Jean

Message I am interested to know what the laws are for a person that is being taken from a paid salary to a commission basis. If the boss requires you to be in the office what work are you required to do? the same as you did when you were paid bi-monthly? I work for a interior design company and need to know what to expect. I love the job but worry now that the job is to be commission only.
Posted by: Amelia

Hi Jean! If you have concerns about the commission-only structure, you may want to quit rather than accept it.

There are no state or federal laws regarding what duties a commissioned salesperson can be expected to perform. The best practice in most industries is for a salesperson who is working on straight commission to use his or her time on sales and sales-related activities (like completing sales reports.) However, there is no law that specifically requires this.

You could use this opportunity to renegotiate your job duties with your boss, by pointing out that if you are 100% commission, it is really not fair to ask you to perform non-sales-related duties like general paperwork, sweeping the floor or whatever. You may also want to try to negotiate a more flexible work schedule.

Under federal law, a commissioned salesperson must still be paid at least the minimum wage for all time worked. Generally, a salesperson who is paid solely on commission is not eligible for overtime.

When an employee quits rather than accept a significant change in working conditions, the employee usually qualifies for unemployment benefits. A switch from salary to straight commission is a significant change. However, if you work one day under the new arrangement, then you have accepted the new working terms. If you quit after that point, you would not be eligible for unemployment benefits. HTH, and thanks for reading the blogs!~ Amelia

Read more about this at: http://www.dol.gov/compliance/topics/wages-commissions.htm and http://www.dol.gov/dol/topic/wages/commissions.htm
Posted by: nirali

Message

I am working with a company since last 1.5 yrs. my company havenot paid me what they told to pay me since last 8 monhts. And they told that i will pay all the remaining money later on. he only paid me 50% checks. now because of some reason they gave me lay off before a week. and they are not ready to pay my wages which they told to pay before. Now what to do?how to take my right…

The texas work force only can handle case for 6 months back.. but my pay is before 1 year..so what to do..and what is the proof i need to have to get my money back..

please give me advice. and give me good lawer contact number.

plz

Thanks
Posted by: Amelia

Hi nirali! It sounds like for the last 8 months, your employer has paid you only 50% of the wages that you were promised. This is illegal. You are correct that the Texas workforce commission can investigate only wages for the past 6 months. However, that is better than nothing. You should file a complaint with them.

If the amount the employer was paying you for the past 8 months was more than the minimum wage of $7.25 per hour worked, it is going to be difficult for you to prove that the employer owes you more. The employer will likely argue that 6 months ago he reduced your wages, and that by continuing to work for the lower wages you accepted them.

Unfortunately, we cannot recommend an attorney by name. But you should be able to find an attorney specializing in employment law in your phone book. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Lynn

Great posts! Here’s a delicate one for you, from an employer. I understand that Texas law does not mandate breaks, but Federal law requires employers to pay employees for breaks shorter than 20 minutes.

We have an employee we’ll call Regular. Regular works on a crew of two. Each morning the crews get ready, and leave to perform billable work away from the office. (Crews are paid for both billable and non-billable time.) Each morning Regular does his “business” for a predictable 15 minutes. Meanwhile, his crew partner waits, so they can leave for the job together.

Regular is a very good employee.

We are in complete support of Regular taking care of his needs. However, there’s a strong possibility that he’s also reading on this morning break. More importantly, he’s frustrating his crew mate by making him wait. We estimate we spend over $2000 in non-billable pay to Regular and his crew mate each year, just on this bathroom break. (This has been going on for a long time.)

Finally, my question: if Regular is not ready to go with the crew, may they leave without him, requiring him to take his own vehicle to the job site? And may we refuse to pay his mileage, since he is making this choice on a daily basis? (We reimburse mileage when the company needs for them to use their own vehicle.)

Also: Is it legal to say “Hey, if you’re reading in there, we need you to do that on your lunch break,” or “It’s OK to choose to take care of personal business at work, but this choice may cause you to miss your ride to the job site?”

Thanks you very much for your help on this delicate but frustrating topic.
Posted by: Amelia

Hi Lynn! Okay, just to clarify, using the toilet is not personal business. Personal business is when an employee uses company (paid) time to pay bills, make doctor’s appointments, renew their driver’s license, etc. We appreciate your southern modesty, but it’s okay to call it going to the bathroom, or using the toilet.

OSHA worker health and safety standards require that employees be permitted to use the toilet when nature calls. So no, you cannot tell your employee “It’s okay to choose to take care of personal business at work, but…” Most people don’t have the option of timing their bowel movements around their work schedule. (This is a little like demanding that female employees have their monthly periods only on their days off so they don’t spend too much time in the bathroom.)

Different people have different bowel habits. Some people are very, well, regular, and find they urgently need to use the toilet at the same time every day. This is not a premeditated attack on the employer. Others are not so predictable in their bathroom visits. The amount of time the employee needs to use the toilet also varies a great deal. (For some reason, men seem to need more time in the bathroom as they get older. We refuse to speculate about this.) The number of times per day that employees use the toilet also varies.

The assumptions you seem to be making are that a) this employee does not genuinely require all this time to use the toilet and b) that he could choose to use the toilet at a different time, if necessary. Those assumptions are not necessarily valid. In fact, there is no evidence at all to back them up. (It may be that he is reading because his bowel movements take a long time, rather than he is reading just to waste time.)

It sounds like this situation is very frustrating to you and the other managers — to the point that you have calculated how much money this bathroom break costs the company on an annual basis! However, probably every employee in the company takes at least one bathroom break per day. Other employees may be spending a comparable amount of time in the toilet spread over the course of a day, rather than in one longer visit. So in reality, this employee is not costing you any more than other employees.

Our suggestion is that you focus your attention on the problem — the crews not leaving on time. A male manager should have a frank discussion with this crew, or even all the crews, that they need to leave on time each morning. He should also mention that while it’s okay to use the toilet, reading, talking on the phone, etc while in the bathroom are not acceptable. If the problem continues, the male manager can have a private conversation with the employee “Hey Regular, I noticed you always seem to be in the bathroom when it’s time to leave, what’s up with that?” If the employee is able to change his bathroom habits, he probably will at that point.

You can enforce this “no reading in the bathroom” policy if you like. You need not allow employees to take books, newspapers, magazines, or bags containing them into the toilet. However, there is a good chance that even if the employee stops reading, his bathroom visits will take just as long. (You do not say how long the drive to the jobsite is, but it is possible that if you make this employee skip his bathroom visit, he will have an accident on the way. Won’t you be proud of yourself then?)

If the problem still continues, yes, you would probably be within your rights to send the other crew member on his way and let Regular make his own arrangements for transportation to the job site. There is no OSHA requirement that co-workers must stop working while an employee uses the toilet. However, be aware that you may be required to make reasonable accommodations under ADA if these extended bathroom breaks are due to Irritable Bowel Syndrome or another disability.

Overall, it may make more sense for you to ignore the problem. Instead of thinking, “There goes Regular and his crew, 15 minutes late again” think “Well thank goodness he got that out of the way! Now he can be productive all day long, and focus on work uninterrupted.” You say that Regular is an excellent employee, so maybe it would be better to focus on his good qualities, rather than his one flaw. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Carla

Can an out of country company that just bought the majority shares of a company in Texas demand that the employees lose weight or they will be fired?
Posted by: Amelia

Hi Carla! Unfortunately, yes, this would most likely be legal. The employees could certainly hire a lawyer to file a wrongful termination suit, and they would probably qualify for unemployment, but this might very well be legal. There is no Texas or federal law that protects an employee’s right to be overweight. (A few states have laws against firing someone for body size — Texas does not.)

Firing overweight people is not illegal discrimination. However, if this policy has a disparate impact on a protected group, then it might be illegal. Suppose that almost all of the African American or Caucasian employees were in the group fired, while none of the Asian employee were. This would most likely be discrimination based on race or national ancestry, which are illegal under federal law.

We applaud employers who offer incentives for employees to be healthy. Sometimes there is a valid business need for a certain level of physical fitness, as with firefighters. But this policy seems to take things too far. Nevertheless, it is legal at this point. HTH, and thanks for reading the blogs!~ Amelia
Posted by: R. Walker

Message
I have many friends in areas of the world well known for sweatshops. As most of us think of sweatshops, we are appalled just by the sound of the phrase. We fight to close these places down. But here, right here in our homes we are working in these sweatshops. This is horrific. I am not from Texas. I moved here 3 years ago. I had a decent job (for Texas) and was disgusted by the treatment given there. Now that the economy is so bad, that job is gone. I am now working in a creepy call center that, in my opinion, participates in some very unethical practices. At the end of the day i feel horrible. After speaking with friends overseas that have American inspectors visit regularly to mantain decent working conditions, they tell me that our working conditions in Texas are far worse. They have breaks in those sweatshops. They have water readily available.
I know not all employers do that there or here but the issue is the American inspectors that are there by demand of Americans to prevent cruelty. If I had a few dollars to pay for advertising I would so make this a public service advertisment.
Any way my long winded question is, if an employer calls you to be at work at a certain time, does that employer have to provide you with a minimum number of hours of work. This call center is known for requiring you to come in at x time and then only provide 2 or 3 hrs work. Is this legal in TX.
Posted by: Amelia

Hi R.! Although we usually take a very pro-employer stance, we have to agree with you on this one. Many call centers have sweatshop working conditions and basically abuse employees. The U.S. Department of Labor has issued several guidance letters specifically addressing issues in call centers, such as asking employees to illegally “volunteer” their time for training.

A number of states require breaks for workers, but Texas does not. Unfortunately, the owners of these sweatshops relocate their operations to the states with the fewest legal protections for employees, and Texas is among that group.

OSHA worker safety standards require that the employer provide water for employees to drink, although it may be tap water. If your employer is violating this regulation, contact OSHA at http://www.osha.gov.

Several states have laws regarding minimum pay when an employer sends a worker home early. For example, an employee who is scheduled for 8 hours but sent home early must be paid for at least 4 hours. You guessed it — Texas does not have any such law. A Texas employer can schedule an employee for 2 hours or 3 hours. Or, the employer can schedule the employee for 8 hours and send them home after 15 minutes. In that case, the employer must pay the employee only for time actually worked — 15 minutes.

Since you feel strongly about this issue, you should contact your representatives in the Texas Legislature about changing the laws. Politicians generally believe that labor laws are not necessary because employers tell them a) fewer restrictions = more jobs and b) most workers are treated fairly. Unless the politicians hear from workers like you, they believe that. HTH, and thanks for reading the blogs!~ Amelia
Posted by: sandy

I work for a maintenance company in Texas. Because we go from site to site, the company picks us up from home & takes us home at the end of the day. We are NOT ALLOWED to take a lunch break, however my employer deducts the lunch hour every week. Is this legal? Also, we are only paid from the time we arrive at the first job site until we finish the last job site, not being paid for time riding to and from. Is this legal? I have been told that since this is a small company, (18 employees) that my employer can do these things. Also, never get the 15 or 20 minute breaks, sometimes working 8 – 10 hours straight, especially if the job is a large job and we are at the same site for 9 hours straight. Thank you for your help!
Posted by: Amelia

Hi sandy! Let’s take these issues one at a time. There is no law in Texas that requires the employer to give employees a lunch break, or short (10 to 15 minute) rest breaks. This is entirely a matter of company policy in Texas. However, if the employer requires that you work straight through, they cannot automatically deduct for a meal break that you never take. This is a violation of both the Texas and federal minimum wage laws. Those laws require that an employee be paid for all the time he/she works. If you work 9 hours one day, you must be paid for 9 hours, not 8.5 hours. You should file a wage complaint with the TWC for 30 minutes pay for every day you have worked for the past 2 or 3 years.

Generally speaking, an employee need not be paid for the normal commute from the home to the first job site of the day, or from the last job site of the day if they are a passenger in the truck. (The driver must be paid, because driving is work.) Think of this like working in an accounting office. Whether you drive your own car to the office or catch a ride with a coworker, your normal commute is not counted as work time. So it sounds like the employer is handling this appropriately.

The majority of Texas employment laws apply to small employers unless they are in the agricultural industry. HTH, and thanks for reading the blogs!~ Amelia
Posted by: may

hi!

i was wondering if a bathroom faucet counts as a source for drinking water? the place i work has no water fountain. the only source of water is the bathroom sink and well, the thought of drinking from a faucet that is located where many people eliminate their wastes is really gross. i’ve heard when you flush a toilet germs float up into the air and coat everything!

thanks for your help. =)
Posted by: Amelia

Hi may! OSHA CFR 1910.141 requires that the employer supply potable water. Potable simply means safe to drink, meaning the city or county has determined that the water does not have to be boiled before drinking. Yes, water from a bathroom tap meets this standard. There is no evidence that a water tap located outside a bathroom is sterile. HTH, and thanks for reading the blogs!~ Amelia
Posted by: John

Amelia I work In Texas. I do like my job alot. However there is a problem with the time clock. If you are late in the morning, you get docked, fair. However if some clock out up to 10 min. early they get a full days credit. Is this right. What is the differance between 3 mins late or leaving 10 min early. Just because you came in on time that gives you the right to leave early and still get a full days pay. What can be done about this without losing your job????
Posted by: Amelia

Hi John! This policy is fair if it is enforced with every employee. It is very, very important to some employers that employees come to work on time. (And in some industries, there is a valid reason why.) However, in this case the employer doesn’t mind if employees clock out 10 minutes early — they are still paid for the entire shift. Our suggestion is that you come to work on time and clock out 10 minutes early.

If the employer is not enforcing this policy consistently, then it may possibly be illegal discrimination. But there would be nothing illegal or even unfair about requiring employees to be on time in the morning, but letting them slide out a few minutes early in the afternoon. Feel free to post more details if we haven’t addressed your question. HTH, and thanks for reading the blogs!~ Amelia
Posted by: cathryn

Hi,

I tried to post this before but for some reason it never showed up. I understand it is an OSHA violation not to have a source of drinking water for employees and not to let them have water at their work station, but does a bathroom faucet count as a source of drinking water?

Before I confront my slimy employer I need to know. We do have a bathroom faucet, but I certainly do not want to drink from it!

Oh, and I live in 100 degree Texas.

Thanks!
Posted by: Amelia

Hi cathryn! Unfortunately yes, tap water counts as drinking water in most cases. (Occasionally a city or town will issue a “boil order” — meaning it is not safe to drink tap water without boiling it. In that case, the employer must provide another source of safe water, also called potable water.) OSHA has permitted many employers such as convenience stores and offices to provide only the tap water from the bathroom faucet. Theoretically your hands should not touch the faucet, only the water, so water coming out of the faucet would not be contaminated. OSHA regulations require that the bathroom be kept in a clean and sanitary condition. If you feel that your workplace is in violation, you can file a complaint with OSHA and they will inspect. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Rachel

I work for a dollar store in Texas and im a key holder. We are required to take either a 30min or an hour meal break where we must clock out which means we are not getting paid. Since im a key holder im required to stay at the store. I can not leave and if the cashier needs me for any reason i have to do what they need. If a customer needs a refund or to exchange something i have to do it. If the phone rings im the one that has to answer it. Should I be getting paid for that??
Posted by: Amelia

Hi Rachel! The employer can require that you remain on the premises during your meal break. If your meal break is usually uninterrupted, then the break can be unpaid. When you are interrupted, you should clock back in and handle the task. If that results in you being off the clock for less than 20 minutes, you must be paid for the entire meal break under federal law.
If your break is interrupted more than half the time, then you are not genuinely on break and you should be paid for the entire meal period, every day. If this is the case, file a wage complaint with the TWC. HTH, and thanks for reading the blogs!~Caitlin
Posted by: sheila

Message i’m very upset that everyone else states we get a 15 min. break every 2 hrs. I worked from 6:30 till 12:00 am and only recieved 1 i5 min break .Is this legal? Thanks
Posted by: Amelia

Hi sheila! It’s not only legal in Texas, it’s generous.

We are not sure who this “everyone else” is, but they are mistaken. There is no federal or Texas law that requires meal or rest breaks for employees over the age of 18. An employee could be required to work a 5.5 hour shift or a 15.5 hour shift, without a break in Texas.

Some employees are entitled to additional breaks under a union contract.

If the employer is giving breaks to some employees and not to others with the same job, that could be illegal discrimination. But if everyone who works your shift receives only a 15-minute break, that is legal in Texas, and most other states. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Anonymous

I am a retail store manager in Texas and sometimes have to work a straight 10-hour period w/out break as I cannot leave the store and there is no breakroom. All other days I have a split shift with another manager and work anywhere from 6 hours plus, then he comes in and I can leave. I am told that even though we are working and cannot take a lunch break we will automatically be deducted 1/2 hour for lunch if we work over a certain number of hoursl. What is this “hour mark” of working where we will automatically get deducted (they say it is by law they have to deduct it).

Thank you
Posted by: Amelia

Hi Anonymous! There is no “hour mark” where the employer has to deduct a break, and deducting a break that the employee does not take is illegal in Texas and virtually every other state.

The Texas and federal minimum wage laws require that an employee be paid for all the time she works. Even if there is no break room, the employer can require that you take a 30 minute meal break where you are relieved of all duties. However, if that is impossible (as when you are working alone in a retail store) then the employer cannot deduct for a meal break that you are unable to take.

Texas has no law that requires an employer to give a meal break to employees, so the employer is incorrect there. And no state permits an employer to deduct for a meal break the employee never received, much less requires it. If a tactful conversation with the employers doesn’t solve this problem, you could file a wage complaint with the TWC, because you are being shorted 30 minutes of pay every day that you do not get a meal break. HTH, and thanks for reading the blogs!~ Amelia
Posted by: james

Thanks for all the great info regarding Texas Labor Laws. Just a quick question…I work in a satellite office and am usually the only person at the location for 9+ hours each day. I get docked 30 minutes each day for a lunch break, but i am required to be at the office and continue daily business during that time…everything from dealing with customers to answering the phone. From the information at the top of the page, I understand that I can be docked pay only if I am relieved of all job duties for the deducted time. How do I go about addressing this issue with my employer? And is there any way to file a claim for back pay as this has happened everyday for the last 6-7 months? Thanks
Posted by: Amelia

Hi james! Yes, you can file a wage claim with the Texas Workforce Commission for 30 minutes of pay for each day you have worked in the past 2-3 years. If you work 8.5 hours, but the employer automatically deducts 30 minutes for a break you are never allowed to take, you are being underpaid for 30 minutes each work day. HTH, and thanks for reading the blogs!~Amelia
Posted by: Emily

I will make this short. I forgot to punch in after punching out for lunch, so when I left for the day I punched in and caught the error. The manager corrected it but he put me down for an hour lunch. I told him I only took 30 min lunch break. He said he will correct it this time but will not the next. I will be charged for an hour. Don’t understand why changing a time card is such a big deal. Any way..Can he do this?
Posted by: Amelia

Hi Emily! Changing the time card is a big deal because employers want to accurately record the number of hours worked. There is also a risk the employee would clock out for two hours, and claim they were only on break for half an hour. Remembering to punch in and out is a basic requirement of almost every hourly job. Not doing so is kind of like being in 8th grade and not knowing the alphabet.

Nevertheless, no, the manager cannot do this. He cannot refuse to pay you for a half hour that you worked, as punishment for not clocking back in after lunch. Both Texas and federal minimum wage laws require that you be paid for all hours worked. If he does this again, either go to HR or file a wage complaint with the Texas Workforce Commission. HTH, and thanks for reading the blogs!~Amelia
Posted by: ANONYMOUS2

I work for a home health agency as a field RN. Upon hire I was given a company car and a gas card fro traveling to see patients. Recently company cars were taken away as well as the gas cards.No car allowance nor mileage is being given, and our area of service has been extended another 200 miles. So now we are traveling even further each day but now using our personal vehicles and some people had to purchase a new car. Is the employer not required by law to give us some sort of reimbursement such as mileage?
Posted by: Amelia

Hi Anonymous2! Unfortunately, no, in Texas the employer is not required to reimburse you for mileage or use of your personal auto. Some states, notably California, require the employer to reimburse workers for all business expenses, but Texas does not.
If you make multiple housecalls each day, you are entitled to payment for the travel time between calls, but there is no law that requires the employer to reimburse you for mileage. HTH, and thanks for reading the blogs!~ Amelia
Posted by: A.LEE

My question is this: If my employer offers us paid time off in the form of vacation time but still calls us for business related issues all throughout that time is he allowed to deduct from my off time if I am not “truely” off during this time. I am a salaried manager for a convenience store and am required to be on call 24/7 when I am off but company policy says this is to exclude our paid time off (as far as on call). When I said something about it to him he told me that I am required to answer my phone (which by the way the company does not pay for) at all times regardless and that by not doing so on my vacation time I am not doing my job as defined by the position. He has also gone as far as to tell me outright that I need to make a decision of my career or my family. Is he allowed to do this?
Posted by: Amelia

Hi A.Lee! This is very poor management but it may be legal. If the employer treats all managers this way, it is probably lawful. If managers of the other sex or of a different race, religion, color, etc. are treated differently, this may be illegal discrimination.

An employer can require that an exempt manager answer her phone 24/7, even if the employer does not pay for that phone. There is no law that would prevent the employer from calling you while you are on vacation, and many exempt employees have this experience.

Being on call does not necessarily mean available by phone. It usually means being available to work any shift if an hourly employee is absent. So it is possible that if you are being phoned with questions, but not required to come to work, he is within the company policy. To clarify this, if there is an HR department or another manager in the company you can speak to, you should talk to them.

Fifty years ago, many employers believed that work should be the most important thing in a manager’s life. Today, most companies recognize that it is important to have work/life balance. Our suggestion is that you look for a better job with a company that understands the concept of work/life balance, either in the retail industry or in another field. Meanwhile, you may want to keep this job until you find a better one. HTH, and thanks for reading the blogs!~ Amelia
Posted by: ryan

I am a full time cashier / full time student. There is a sign behind all of our cash register counters that reads “absolutely no food or drinks behind any register no exceptions” so we have to wait till we are granted a break before we can get a drink… it this legal?
Posted by: Amelia

Hi ryan! Yes, it is probably legal as long as you actually get breaks when you can drink water. There is no Texas law that requires an employer to give meal breaks or rest breaks to workers.

However, OSHA worker safety regulations require that employers provide a safe working environment. As long as the building where you work is air conditioned, it is probably not going to cause heat stroke for you to only drink on your breaks. If you worked outdoors in Texas in the summer, the employer would be required to allow you to drink more frequently. That is because if you did not, you would run the risk of heat stroke.

OSHA regulations are only guidelines. When the agency inspects a workplace, they determine if the employer is taking proper steps to prevent workplace accidents or illness, based on the individual situation. In some work environments (working construction outside in the summer) OSHA will require that employees be allowed to drink water constantly. In other situations (indoor work places) OSHA will allow the employer to restrict access to water, as long as employees don’t pass out or suffer other symptoms of heat stroke. In many cases OSHA has permitted the situation you mention. If you feel that this policy poses a threat to your health, you can certainly file a complaint with OSHA at http://www.osha.gov. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Ann

I work at a hospital that until recently, allowed its workers to snack while on the job. Now we were told we are not allowed to eat ANYTHING while clocked in. I have hypoglycemia and am used to snacking throughout the day. By the time I get to lunch, which is sometimes 4:00 p.m., I feel like I am going to faint. Is there a law requirement in Texas regarding breaks? Is what my employer doing legal?
Posted by: Amelia

Hi Ann! Texas has no law requiring meal or rest breaks. Many hospitals and restaurants have this policy because eating transfers germs to your hands, which can then be spread to patients unless you sanitize them first.

If your hypoglycemia qualifies as a permanent disability under the ADA or Americans with Disabilities Act, then you can request a reasonable accommodation for your condition. Being allowed to take an unpaid meal or snack break at a specific time each day would be a reasonable accommodation. Being allowed to eat while on duty in a hospital probably would not be a reasonable accommodation. HTH, and thanks for reading the blogs!~Amelia

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