Issues in TX

[nena995]

My dear hubby works a FT job that often requires overtime. Regardless of the hours worked, he is only allowed a 20 min. break, and since he does smoke, they allow him barely enough time (2 x's max) to take a few puffs, and get right back to work. When he works over time, he can work up to 10+ hrs., and still the lunch hr. & breaks are the same. I believe I read a post that said TX is not required to give either the break or lunch, is this true? When the employee's united and brought this all
up in one of their weekly meetings, they were threatened with termination.
Also, the company is on a point system that is as follows:
1/2 pt. -Leaving early, arriving late, Dr.'s Appt. (with or without a note
from the Dr.), or when leaving "after" an 8 hr. that has
gone into overtime. , or when returning late
from lunch.
1 pt.- Missing a day.

My DH has had appt.'s that he has had to attend, so he scheduled them after the 8 hrs., and they still deducted a point from him.

There are other issues that he has brought up with me in conversation, but at the moment I cannot quite remember them.
In conclusion, I'm not too sure on the legality of what is going on at his company, but if there is something that does not sound right, and if anyone knows which direction is the right one, please do point me there.

[cbg]

You are correct. Neither Federal nor Texas law requires that an employee be given breaks of any kind. NO state requires that an employee be given smoke breaks.

So far, nothing in your post indicates that your husband's employer is violating any laws.

[nena995]

Wow! I figured that much about the smoke break. (I advised him a quick solution to that...QUIT!!!) But what about the whole thing with his Dr.'s appointments. He's even provided a Dr.'s note excusing his absence or providing a reason for him being late due to an appt., and they did not validate it. Is that legal? And also, what about the other issue, about when he has to leave for an appointment or "personal business", (after he's worked his full 8 hrs.) and they deduct him a half point for not staying. It just doesn't seem right, but I don't know, so that's why I am posting. I appreciate your earlier reply cbg.

[cbg]

A doctor's note has no force in law. They have no legal obligation to accept a doctor's note and no legal obligation to excuse an absence because of such a note. Unless FMLA applies, and nothing in your post suggests that FMLA applies, they are free to completely disregard the doctor's note.

While I do not necessarily agree with their deducting half a point when he leaves after 8 hours (I do not necessarily disagree with it either - I'd need more info to form an opinion) doing so does not violate any laws. He has no legal "right" to leave after 8 hours if the employer needs or wants him to work overtime.

[nena995]

Your replies have been very informative & usefull cbg. I mentioned this all to my DH and he know now that there are no wrongful actions taking place at his workplace, so know he can go back to focusing on the important things,...keeping his job!!! Thanks again!