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Illegal pay deductions Texas

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  • Illegal pay deductions Texas

    My company claims that anyone working over 6 hours must take a 30 minute unpaid lunch. I and other part-time employees are asked to work upto 6 hours but not over without breaks.

    The problem and question.

    If someone works from 06:00 - 12:02 a total of 6 hours and 2 minutes the employer docks the worker 30 minutes pay or the employee is given the choice of clocking out at 12:03 taking break until 12:33 , sit in the breakroom for this 30 minute period (no work is performed) and then go home at 12:33.

    It is my understanding that TX has no law requiring an employer to provide lunches or breaks. How can company dock an employee 30 minutes for working 2 minutes past their 6 hour rule.

    The supervisor is under the impression that it is a state law that requires a meal period. I told the supervisor that he and the company should be very careful about taking pay from employees after the time had been worked. The alternative of requiring an employee to sit on the clock for 30 minutes after the work period has ended seems to show a total lack of understanding.

  • #2
    You are correct that Texas law does not require breaks. However, that does not prohibit the employer from requiring them. Even though they are not required by law, if the employer wants you to take a break, you take a break. They determine your hours, not you.

    While you have to be paid for all the time you actually work, you can be disciplined or even fired for failing to take a break if your employer requires it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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