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Automatically Clocked Out - Texas

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  • Automatically Clocked Out - Texas

    I am currently employed in retail and we are required to take one thirty minute lunch break for every 6 hours worked. A lot of times I will put in a 12 or 13 hour shift, and be given nothing but a single lunch break. Now, I am not concerned about not getting the second lunch break that the policy allows .. I am just unhappy with the fact that I am automatically clocked out and not paid for the hours worked.

    When 2:00 AM rolls around and I'm pushing 14 hours, I'd much rather get my stuff done and go home, but when the clock says that I'm on lunch break and I'm actually not .. I have a problem.

    I've ask my managers specifically, "Well if I'm being clocked out and not paid can I at least take the break?"

    To which they replied, no.

    Is there anything I can do here?

  • #2
    While the system may automatically clock you out, you need to be paid if you are still working.

    You need to tell someone that you are working when the system says you are not and the company needs to pay you.

    If they refuse to pay or fail to pay, take the matter to the Texas Workforce Commission (
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


    • #3
      FYI, Texas law does not require that you be given breaks.
      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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