A common way for many employers to steal their wages is to not pay for work during meals and breaks. For example, if your employer doesn`t pay you for a lunch break, but you actually work during that time, the employer will have to pay you for the time you work. Neither federal nor state laws require Texas employers to offer rest periods. However, many employers offer breaks out of habit or policy. If the employer chooses to take a break, federal law requires employees to be paid for short breaks of up to 20 minutes. For example, federal law requires employees to be paid for hours worked. If the employer offers a meal break of at least 30 minutes during which the employee does not perform work-related duties, the employer is not required to pay the employee for the lunch break. However, if the employee must work during the break, the employer must pay the employee for the lunch break. If an employer provides for a rest period of 20 minutes or less, it must pay the employee for this break, as these breaks are considered productive and effective for employees and therefore beneficial to the employer.

Applies to all employers. Meal times are required when employees are not entitled to the necessary breaks and/or are not allowed to have lunch while working. An employer may waive a thirty-minute unpaid meal break at the voluntary written request of an employee who is primarily employed in serving food or beverages to customers and who receives tips in the course of that employment and reports the tips to the employer. If an employer offers a meal break as part of its corporate policy, it must comply with federal requirements. Does not apply to workplaces where fewer than 3 workers are on duty at the same time and where the nature of the work allows these workers to take frequent paid breaks during the workday. Does not apply where collective bargaining or other written employer-employee agreements provide otherwise. Federal law requires that employees be paid for hours worked. If the employer offers a meal break of at least 30 minutes during which the employee is relieved of all his professional obligations, he is not required to pay the employee during the meal break. However, if the employee must work during the designated “lunch break” (e.g., a receptionist who still has to answer the phone during lunch), the employee must be paid.

Discussing your employment rights with a local lawyer can help you understand your employer`s tax responsibility to you. If the courts find your employer guilty of wage theft in connection with meal and rest breaks, you may receive compensation for lost wages up to your trial date, if necessary, as well as for your attorneys` fees and other damages. However, the FLSA requires employers to give breastfeeding mothers reasonable breaks, usually about 30 minutes, to express breast milk or, if children are allowed in the office, to breastfeed their baby during the first year after the baby is born. This requirement applies only to non-exempt workers (i.e., those entitled to overtime pay for overtime) and exempts employers with fewer than 50 employees if granting such breaks would cause undue hardship to the employer. Employers may refuse breaks. However, if an employer schedules a break or requires work to be done during a certain meal break, employees must be paid for the break as if it were part of the workday. If this is not the case, workers can file a complaint for violation of wages and hours of work in order to obtain compensation for the wages denied. Federal law requires employers to pay employees for all hours worked, including hours an employer calls “breaks,” unless the break is 20 minutes or more. If your employer allows short breaks (5-20 minutes) during the day, these breaks are considered part of the workday and you should be paid for this time.

If your employer deducts time from your paid hours for breaks of less than 20 minutes, or for longer breaks, such as meal breaks, that you actually work, you may be paid at your regular rate or overtime pay if you worked more than 40 hours per week. If your employer offers meal breaks and has denied you a meal break because of your race, age, national origin, religion or disability, arrange a consultation with me to discuss your rights and what action you can take against your employer. If your employer offers breaks (20 minutes or less) and/or requires you to work during the scheduled meal break, but does not pay you for rest or meal break, you should also arrange a consultation with me to discuss your rights and what action you can take against your employer.