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  • Texas less pay...

    Hi Everyone,

    I must say I have found the forums to be helpful. I have some questions that I know may have been previously explained before. I know Texas has no law stating we must (as employees) must have a lunch break. My fiance works in a nursing home. She works nights and is 1 of 2 employees that works on the night shift. I was going through our paper work and noticed she was missing 30 minutes for the 4 days she worked. When I asked her about it she stated she didn't clock off and would find out why it was missing. Her HR guy gave her the run around about things (I am busy, I have a meeting, etc). I call him and identified myself as her fiance and asked about her taking lunch breaks and her not getting paid for her full 8 hours. I was told that he is required to per law take that 30 minutes out of lunch no matter if she took it or not.

    With that being said Tam (my fiance) is unable to take a full 30 minute breaks while working the more difficult side of the home (mental patients). She is also required to keep a pager on her (while at work) that the patients can use and this sends a page to her so she can go help them. However, her being the only one on that side she has to help them and just can't ignore them. She was told that the other employee will handle her patients during her lunch.

    The problem is she is unable to do that for the most part since sometimes there just is to much going on. Yet she is not clocking off for lunch. Is there something she can do? File a complaint with USDOL? If we file a complaint how long does it take for it to be handled? Also where (if you know) can I show the employer that Texas doesn't require meal breaks. What if the companies corprate offices are in a different state. Does there meal law transfer to Texas?

    My other question is since Texas does not give meal/rest periods however, your company offers lunch is there any kind of law that covers our lunch if we are offered one? Or is this done by company policy?

  • #2
    Texas

    You are right in that Texas does not require employers provide lunch breaks. However, if an employee works through lunch, the employer must pay that employee for the time worked (contrary to what the HR person says). On the other hand, the employer can discipline an employee for not taking lunch (though it may seem unfair).

    Multi-state employers must observe the state law in each state. There is no "transfer of laws", re: meal periods.

    To recover the money owed for the missed lunches, the employee can file a claim with the state. The process to file a claim may be found at: http://www.twc.state.tx.us/ui/lablaw/wageclaim.pdf
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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