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Required lunch in Tx

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  • Required lunch in Tx

    Employer has changed time keeping companies and are now requiring 30min minimum lunch. Even if you do not take a lunch the system will take out 30mins automatically.

    Is this legal for hourly paid employees?

  • #2
    Required breaks

    Pretty much so. While breaks (rest breaks or meal breaks) are not mandated by any Texas or federal law, breaks, work schedules, etc. are set at the discretion of the employer.

    There are no laws which prohibit your employer from establishing a company policy which requires you to take rest breaks or meal breaks. If "coffee breaks/rest breaks," consisting of 20 minutes or less are given, they must be paid. "Lunch breaks," defined as a break of 30 minutes or longer for the purpose of eating a meal, where the employee is fully relieved of duties (performing no work), do not have to be paid.

    If an employer establishes a break, employees are obligated to follow that schedule.
    Last edited by Texas709; 09-21-2005, 10:09 AM. Reason: punctuation


    • #3
      I understand the Co. can set such schedules, not the argument i'm trying to make.

      Example; Lunch and Learns are a common event here. You go to a 2-3 hour training session, in the building, and lunch is provided for you to eat. You set in the conference room and eat while the training occurs. At the end of the day I'm still going to be docked 30mins?
      An even more obvious example is I'm so busy I don't take a lunch and work through it. I understand the Co. than has grounds to "council" me on time management but you can't not pay me; correct?


      • #4
        If you work the time you must be paid for it.

        However, you can be disciplined in any other way that the employer sees fit, up to and including termination, for working through your break without permission. If the employer wants you to take a break, you take a break. Period.
        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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