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Laws for Waitresses working in bars Texas

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  • Laws for Waitresses working in bars Texas

    My wife recently started working in a bar as a waitress and I need to find out what the labor laws are in Texas. She gets paid min waitress pay which is $2.13/hr, which is not a problem. What is, is that she starts at 4:45pm and goes to close which is 2:00am and with clean up she gets out at about 2:45am and if there is a meeting then she doesn't get out until 3:00am and as long as 3:30am, she works this schedule Monday to Thursday and then on Saturday she works 6:45pm to about 2:45am or 3:00am , they give no breaks, they give no lunch time and do not pay any overtime. The tips are decent most of the time and it is a strip club where she is a waitress at. My questions is, is that legal for them to work all those hours with no break of luch time (she works like 10 to 11 1/2hrs a day with no breaks during the week, and about 8hrs on Saturdays)? and is it legal not to pay overtime because she is a waitress? Please let me know what is and is not legal. Thank-You.

    Wondering in South Texas

  • #2
    1. Overtime is required under federal law. There is nothing about TX or waitressing that would change this.

    2. Meals and breaks are not required under federal law. Your state is not my state, but according to information on the federal DOL website (see below), your state does not require meals or breaks. As the chart indicates, this issue is very state law specific.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      The only thing that is illegal is the nonpayment of overtime pay when she works over 40 hours in a workweek. For that, she can file a claim with the Texas Workforce Commission. Would be interested in hearing why the employer thinks they don't have to pay overtime. Has she asked why she isn't getting the premium pay?

      There is no Texas law requiring meal periods or rest breaks for adult employees. Nor is there a law in Texas for general occupations that sets a maximum on the number of hours an employee can be required to work in a day or a week.

      Sorry I couldn't give you more pleasant answers (except for the overtime issue, of course).
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.