lawfollower
12-04-2006, 09:48 AM
Hello. In Texas, can your employer make you take a 10-minute unpaid break every few hours (in addition to the lunch break)?
I found a few government sites, even one from Texas that state that breaks between 5 and 20 minutes must be counted as hours worked. However, when calling these numbers to confirm that breaks under 20 minutes must be paid, they tell me the exact opposite, that the employer can make me take a break and not pay me. Here's something that I found :
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.
How are people interpretting this to mean that an employer can make me take an unpaid 10-minute break?
Also, a few coworkers plan to discuss this with the HR director at our company. This company has been known to retaliate against employees by firing or demoting them. Should we get the conversation documented just in case they try this with us?
I found a few government sites, even one from Texas that state that breaks between 5 and 20 minutes must be counted as hours worked. However, when calling these numbers to confirm that breaks under 20 minutes must be paid, they tell me the exact opposite, that the employer can make me take a break and not pay me. Here's something that I found :
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.
How are people interpretting this to mean that an employer can make me take an unpaid 10-minute break?
Also, a few coworkers plan to discuss this with the HR director at our company. This company has been known to retaliate against employees by firing or demoting them. Should we get the conversation documented just in case they try this with us?
