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TX/Waitress Laws

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  • TX/Waitress Laws

    I have a friend that is a waitress in the state of Texas. She works from 5:45 a.m to 2:15 p.m., sometimes until 2:30. She is only paid for eight hours, no more. Is this right? Also, the restaurant takes out two dollars a day for meals she does not eat. Can they do this? I've looked at Texas Online and could'nt find anything. Thanks for your help.

  • #2
    There is no daily overtime requirement in Texas. Only if she works over 40 hours in a workweek is the excess of 40 due as overtime pay.

    And they should not be deducting meals if she is not eating them. Did she sign some type of agreement for the deduction? That would be required.

    She should contact the Texas Workforce Commission to file a complaint.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Assuming she works over eight hours, then they need to pay her for over eight hours (they number of hours she actually worked).

      That being said, 5:45 AM to 2:15 PM sounds like 8 hours after a 30-minute lunch is deducted, unless I am confused...

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      • #4
        TX/Waitress Law

        She works from 5:45-2:15 with no breaks and the only time you are allowed to eat is after you get off of work. If they get a chance, they can smoke, but no sitting is allowed.

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        • #5
          If there are no breaks at all, then she is working 8.5 hours. Add 'em up. Anything in excess of 40 in a work week is time-and-a-half.

          And, I ask again, did she sign an agreement for the meal deduction?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            TX/Waitress Law

            Thanks for your reply. I asked her and she did not sign any kind of agreement.

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            • #7
              TX/Waitress Law

              Sometimes she doesn't get 40 hours a week.....so if she works 8.5 hours day for 4 days, that would be 34 hours in a week, but her paycheck shows her to have worked only 32 hours. She is not getting paid for that extra half hour she is working in a day. Can they do that?

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              • #8
                No, they cannot. If she works, she must be paid. She should contact the Texas Workforce Commission and file a claim for unpaid wages. She should also file a complaint for unauthorized deductions.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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