Texas Labor Laws Explained

Summary

The user, a resort housekeeper in Texas, is concerned about her employers break policy. She works 8-hour shifts and her employer automatically deducts a 30-minute break from her pay, whether she takes the break or not. She is also under pressure to work faster and feels that her rights as an employee are being violated. She is considering filing a complaint with the Texas Workforce Commission. The user was informed that in Texas, theres no law requiring employers to provide a 30-minute break for 8-hour shifts. However, if breaks are provided, they must be paid if theyre less than 20 minutes. The user was advised to gather evidence and document her experiences before filing a complaint.

Full Conversation

Indeed. Its at my place of employment.
What specific issue are you facing at your workplace, ****?
Wondering about the texas state laws on breaks and can companies take it out automatically whether yountake a breakmor not? Every place ive worked i would clock out and back in for amlunch break
What is the duration of your work shift, ****? In Texas, employers are not required to provide breaks, except for nursing mothers. However, if breaks are provided, they must be paid if they're less than * minutes.
* hrs and more.
Do you get any breaks during your *-hour shift?

- In Texas, employers must provide a paid break if it's less than * minutes.
- For shifts over * hours, a meal break is common but not required by law.
How,is that possible they are not required to give breaks??
In Texas, there's no law requiring employers to provide breaks, except for nursing mothers. It's up to the employer's discretion.
No i do not get a break because of the pressure they put on us to work faster and get the rooms done ( resort housekeeper). And when a few of us stated we dont actually take the * min. Break and the boss said we must takemour break, and we do not clock in ormout it is automatically taken out. Imfind that weird! Im from California though.
Are you currently working in Texas or California? The labor laws regarding breaks differ between these two states.
Texas
* hours- * * min. Break is required? And the company can just take it out of your hrs/pay without you clocking in/out? JUST TO clarify?
In Texas, there's no law requiring a *-minute break for *-hour shifts. Employers can deduct break time from pay if it's not worked, but this should be communicated clearly.
So in the beginning of my hiring they should of made it clear that everyones * min break is automatically deducted?
Yes, ideally your employer should have clearly communicated about the automatic deduction of the *-minute break from your work hours/pay.
Well they did not clearly communicate!
What actions have you taken so far regarding this issue with your employer?
None thats why im inquiring and i wish i had a lawyer!
What is the name of the company you're working for? It's important to know your employer's policies and if they are in line with Texas labor laws.
Benchmark/ Margaritaville. Jimmy Buffet's lovely franchise.
What is the location of your workplace? This will help me provide you with the contact details of the nearest labor board or court.
Montgomery, Texas
The nearest labor board to you is the Texas Workforce Commission. You can contact them at (*) *-*. The nearest court is Montgomery County Courthouse, contact: (*) *-*.
There are many hispanics working there living in fear of their jobs, I am not in fear and I think they push us over the edge!!!
Have you or your colleagues reported these issues to your supervisor or HR department? It's important to document these incidents and report them to the appropriate authorities.
No we feel they wont do anything. They may say they will but they are all in it together!
Have you considered filing a complaint with the Texas Workforce Commission or seeking legal advice?
No thats what i need to know though. I have at least *-* other people that would concur with me. I physically am suffering not to mention mentally and im no stranger to workin hard n smart
What specific incidents have you documented that you believe violate your rights as an employee?
The lunch breaks that i mentioned, the constant talking of going faster, the backstabbing. The bullshit ,etc etc
What evidence do you have to support these claims? It's important to have documentation when filing a complaint.
Just verbal and amfew other
What specific verbal evidence do you have? It's important to document these incidents as they can be crucial in a legal case.
Few witnesses
What are the names and roles of these witnesses? Are they willing to testify if needed?
So basically imshould go to HR firt
First. Sorry about my typing
I would have to ask, again they are mostly chickens!
Who are the "chickens" you're referring to? Are they your colleagues or the witnesses you mentioned earlier?
Both. They are all scared and put up with the crap! There are a few that aremwith me though
What are the names of the colleagues who are with you and willing to support your claims?
I dont want to say until i get their permission. Plz tell me should i go to HR immediately?
Before going to HR, it's advisable to gather all your evidence and document your experiences. This will strengthen your case.
Ok.
Have you documented any specific incidents or conversations that support your claims?
I actually document on the sheet of rooms we clean each day. I let them know certain things. I havent talked yet about the lunchbreaks though. Its confusing for sure. Texas is different.
What specific things have you documented on the sheet of rooms you clean each day?
On the paper sheet i will write next to the room # things like how bad the room is , need more time to clean, etc. I state things like if my cart isnt full and ready to go for the day. But its the breaks that we all are wondering about and why we dont clock in/out for them and we dont even go on them because of theressure to get done! And if we get done a bit early we have to go help someone else while we are exhausted!!
Have you discussed these issues with your supervisor or anyone else in a managerial position?
No again nobody wants to look like the bad guy?
Have you considered seeking legal advice or representation to address these issues at your workplace?
Ummm im online with you
What specific actions would you like to take regarding this issue at your workplace?
I hear daily all the moaning and groaning but everyone is too chicken! So frustrating
Have you considered filing a formal complaint with the Texas Workforce Commission about your workplace conditions and break policy?
No didnt know what to do thats why im chattin with you. Thank you can i do that? And would it be best to have some others do it?
Yes, you can file a complaint with the Texas Workforce Commission. It might be beneficial if others experiencing the same issues also file complaints.
Gotcha. Can it be filledmout and filed online? How$$?
Yes, you can file a complaint online with the Texas Workforce Commission. There's no fee for filing a complaint. Visit their website and follow the instructions for filing a wage claim.
A wage claim. Ok. Anything else i should know?
You should know that retaliation for filing a wage claim is illegal. If you face any adverse action from your employer after filing, you can also file a retaliation claim.
Again can you tell me exactly what the break policy is for * hour day?
In Texas, there's no law requiring employers to provide a *-minute break for *-hour shifts. However, if breaks are provided, they must be paid if they're less than * minutes.
Well that explains why they give you * and its automatically taken out. I thought every full time employee got a lunch break everywhere! Wow!
What is the policy of your company regarding breaks? It's important to understand the company's policy as well as the state law.
I will have to look it up.
Well I thank you very much Bot/HUMAN for your time and answers. Very appreciative. Thank you. I feel like they are right then you dont really get a break but they take * min. From you anyway!!
You're welcome, ****. Remember, it's important to understand your rights and the laws in your state. Don't hesitate to seek legal advice if needed.