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View Full Version : lunch break constraints "?" Texas


NicoleMcG
08-09-2006, 04:00 PM
I work in an after hours animal hospital and recently our employer took away our option to be able to leave the property on our scheduled lunch breaks. Our employer tells us that in our employee manual is states that "due to the nature of our business that for patient care not to be compromised that we need to be here throught our shift including lunchbreaks. I know that the majority of the employees feel that this is our time to do whatever since we are not getting paid. I am having difficulty finding what kind of restraints and employer can put on your lunch break and was wondering what the legalities of this are. If anyone can help me out with this it would be much appreciated.

robb71
08-09-2006, 04:07 PM
Neither Federal nor TX law requires that employers offer meal or rest breaks to employees. As such, the employer is free to set the work policies and restraints. This includes how breaks are handled (if they are offered at all).

Many folks mistakenly believe they have an entitlement to breaks. The unfortunate thing is that FLSA does not cover this topic. If you are employed under an enforceable employment contract or collective bargaining agreement, work hours and breaks may be covered in the terms of those agreements. And those terms would prevail.

http://www.dol.gov/esa/programs/whd/state/meal.htm
http://www.dol.gov/esa/programs/whd/state/rest.htm

Marketeer
08-09-2006, 04:08 PM
Texas has no law requiring employers to provide ANY breaks to employees. Any breaks that are provided are therefore at the discretion of the employer, and the employer can require you to stay on site.

Pattymd
08-10-2006, 07:51 AM
However, if you DO get a meal period, if it is less than 20 minutes of uninterrupted duration, you would have to be paid for that time.

Can you be called back to work during your meal period? BTW, not being able to leave the premises for your meal period does not, in and of itself, render the time compensable.

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